sathishav
03-07 09:51 AM
Once you I140 is approved, you lock the PD. Only time you lose it is, if USCIS cancels it for fraud.
Else, layoff or revocation does not matter. You just have to start another new PERM again.
Else, layoff or revocation does not matter. You just have to start another new PERM again.
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subahjaani
08-15 11:46 AM
Instead of opening a new thread, I am posting my question here cause this is related to my attorney mess.
My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
Any, suggestions.
My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
Any, suggestions.
joydiptac
03-13 02:11 PM
Chorke na jao saiyaan... :D
CONGRATS buddy!
CONGRATS buddy!
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fromnaija
08-21 03:43 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
That is not the whole story. Unused visas from other countries are added into the pool for over-subscribed countries. For instance last year, India got about 49,000 immigrant visas in the EB category, while my country got only 1350.
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
That is not the whole story. Unused visas from other countries are added into the pool for over-subscribed countries. For instance last year, India got about 49,000 immigrant visas in the EB category, while my country got only 1350.
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spouse485
01-10 04:39 PM
Guys please help me with below questions.
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
I appreciate your advice
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
I appreciate your advice
greencardfever2007
06-23 11:58 AM
I have filed I-485 under EB2 category using EB3 priority date along with copy of approved EB3 I-140 approval notice. Now my employer is considering reusing my approved EB3 labor for someone else, thinking that my EB2 I-485 application will not be impacted as it is now filed with CIS. Can the employer reuse the EB3 labor without impacting my case? :confused:
Please advice.
Thank you.
Please advice.
Thank you.
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GCNaseeb
11-15 08:52 AM
When we went for our Biometrics, all our FP Notices were misspelled. We informed the bio technician and she corrected on their system there itself.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)
My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)
My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.
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dipu76
06-01 08:11 PM
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
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aarzoo
02-02 06:33 PM
@clockwork: Can you suggest some good lawyer(s).
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Queen Josephine
January 5th, 2005, 12:06 AM
Geesh, these are all really nice compositions that lend themselves well to this technique. I think I'd like to see one of the pots in the first pic also colored. Really nice work though on both your parts.
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eb2_mumbai
10-20 09:35 PM
First of all I am not going to judge you by your actions because I do not know the full story of why you did it.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
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paskal
07-08 10:18 PM
nice job
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Prashanthi
06-26 01:41 PM
No matter what the employment contract states as the penalty for leaving the job. If your employer files a case against you for breach of contract the court will decide what damages if any need to be awarded, they will look at all the circumstances involved, you can also file a counter claim for any money you think is owed to you by the company. The court will not honor a predetermined amount mentioned in the contract as damages.
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mkumar
10-09 12:53 PM
Fromnaija and ChanduV-
I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.
I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.
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sam2006
08-15 01:24 PM
I think all the 140 approved / pending at TSC and 485 applied at NSC have been transfered to TSC
the LUD for 140 was the Transfer to TSC i guess
we have to look at TSC timings now
the LUD for 140 was the Transfer to TSC i guess
we have to look at TSC timings now
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tinamatthew
07-20 11:59 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
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ski_dude12
09-26 06:50 PM
You can do the following to get your case to be picked up-
1. Open an service request that your case is beyond normal processing times. However it is very likely that since the visa numbers are over for 2010 you might get a response that no visa numbers available and you will have to wait 30 days before you can open SR again.
2. Contact local congressman
3. Send email to SCOPSSCATA@dhs.gov giving your case details.
Mention in all steps above that there is no update to your case even when 2006 cases are getting approved.
Hope that helps. Do what you can to ensure that your file is picked up.
This is disheartening...
1. Open an service request that your case is beyond normal processing times. However it is very likely that since the visa numbers are over for 2010 you might get a response that no visa numbers available and you will have to wait 30 days before you can open SR again.
2. Contact local congressman
3. Send email to SCOPSSCATA@dhs.gov giving your case details.
Mention in all steps above that there is no update to your case even when 2006 cases are getting approved.
Hope that helps. Do what you can to ensure that your file is picked up.
This is disheartening...
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LostInGCProcess
11-06 02:54 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
You can use AP to travel and still be on H status, provided you are working for the same employer.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.
You can use AP to travel and still be on H status, provided you are working for the same employer.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Its better to maintain H1 status till you get the GC.
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walking_dude
03-20 10:11 AM
There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
malibuguy007
12-21 12:37 PM
Munna Bhai and Walking Dude, if you don't have anything constructive to add, and you cannot encourage others, then please do not litter the forums.
IV2007
06-25 12:06 PM
Guys,
My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.
What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?
We have planned for H1 stamping back in India while she's on vacation.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.
What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?
We have planned for H1 stamping back in India while she's on vacation.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree