JUNASIKPARK
03-27 12:47 AM
Added your first one Junaidi :)
Please create a second thread for your second entry so that I can link directly to it!
okay
Please create a second thread for your second entry so that I can link directly to it!
okay
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slowwin
05-20 09:04 AM
This question is for an attorney:
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
ingegarcia
06-28 01:25 PM
Hi,
My lawyer says i can join company B as soon as USCIS has received my application for H1B transfer? is this true or do we have to wait for receipt number/case number?
I need to know this because my company will not file I-485 until i join them but under the current backlog CSC is having a huge backlog with receipting H1B transfer cases.
Please help
This is part of the email the lawyer send me
I filed your case yesterday. Your case will be received today. This means that you are eligible to give your notice and begin working for XXX.
My lawyer says i can join company B as soon as USCIS has received my application for H1B transfer? is this true or do we have to wait for receipt number/case number?
I need to know this because my company will not file I-485 until i join them but under the current backlog CSC is having a huge backlog with receipting H1B transfer cases.
Please help
This is part of the email the lawyer send me
I filed your case yesterday. Your case will be received today. This means that you are eligible to give your notice and begin working for XXX.
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desibechara
07-23 01:28 AM
I just read somewhere...that if I do not file by I140 by July 31 the i lose chance to file I485 by august 17..which i could file anyway together if I have to file it by July31..Is this true..
the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance
My PD is Oct 2001
Please please let me know!!
DB
the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance
My PD is Oct 2001
Please please let me know!!
DB
more...
gc_on_demand
12-04 12:48 PM
My Labor or I 140 I forgot but one of them says my salary should XXX. but I am on H1b and haven't filled 485 file yet and I am receiving lesser salary than XXX.
At what stage should I receive XXX salary ?
At what stage should I receive XXX salary ?
boston_gc
05-01 03:43 PM
Guys:
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
more...
ZyrenM
03-27 02:04 AM
yea that is weird.... tried saving it differently
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http://img237.imageshack.us/img237/6027/port2bac.jpg
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martinvisalaw
01-13 03:12 PM
Provided that the H-1B extension was filed before the prior H-1B status expired, you can stay in the US and work for that employer while the extension is pending.
more...
Voetsjoeba
08-29 11:57 AM
And I'm looking for someone who would give me 10 billion, but hey, whatcha you gonna do ? :sigh:
Geez, they're getting worse by the day.
Geez, they're getting worse by the day.
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Ann Ruben
02-11 08:58 PM
Hi Vinod,
As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.
If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.
If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.
Ann
As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.
If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.
If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.
Ann
more...
auvrm
05-18 06:18 PM
(I'm a new member to this forum)
My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).
I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.
FYI: I'm working for this company since Oct 2005.
Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?
My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).
I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.
FYI: I'm working for this company since Oct 2005.
Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?
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pappu
02-09 11:42 PM
Can the core group let us know what are they targeting right now? Are they targeting CIR next month? The lack of direction will really lead to less contribution. Without that,I will have a hard time convincing other friends about IV.
Have the core members given up and decreased their activity?
Core group is working hard and is commited despite lack of full support and nagative comments they get on this site or other sites. Work will go on no matter what.
Pls join your state chapter to know what we are doing and speak with us directly and get direction. You will also get updates.
In your CA state chapter there was a conference call tonight and I was invited. I joined in and only the organizer and myself were there. There was nobody else there. We both spoke for one hour and I gave update to that member because I felt that I should value a commited member who is willing to make an effort and will be willing to do the work even if it means doing it alone without help from fellow members. We request members to help themselves by helping us and we can all togeher achieve our aims.
Have the core members given up and decreased their activity?
Core group is working hard and is commited despite lack of full support and nagative comments they get on this site or other sites. Work will go on no matter what.
Pls join your state chapter to know what we are doing and speak with us directly and get direction. You will also get updates.
In your CA state chapter there was a conference call tonight and I was invited. I joined in and only the organizer and myself were there. There was nobody else there. We both spoke for one hour and I gave update to that member because I felt that I should value a commited member who is willing to make an effort and will be willing to do the work even if it means doing it alone without help from fellow members. We request members to help themselves by helping us and we can all togeher achieve our aims.
more...
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manderson
11-11 02:58 PM
that's pretty funny.
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JunRN
10-05 04:54 AM
YES! EAD is your license to work for any company, even for those not sponsoring you. It doesn't matter if your i140 is approved or not, you can work with EAD and that is legal.
more...
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jambvan
10-30 02:13 PM
I did not apply thorugh attorney. I did it myself :(
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cr52401
10-02 11:57 AM
1. Where are you planning to go? CAnada. or Mexico or your country of origin.
Depending on the above answer the process will be different.
I am planning to go to Canada because my PR will be ready soon and I have to land to get my cards. I am not planning to stay there. Unfortunately I was born in one of those five countries which I can not go out and in with H1. With this US immigration Retro. I really don't like to lose my Canadian profile.
I am looking for find a way going around this issue and make sure I can come back to us without any problem.
Please let me know if you can help me.
EB3 from ROW, PD of Oct 2003. File RIR and transfer PD with Perm.
Thank you.
Depending on the above answer the process will be different.
I am planning to go to Canada because my PR will be ready soon and I have to land to get my cards. I am not planning to stay there. Unfortunately I was born in one of those five countries which I can not go out and in with H1. With this US immigration Retro. I really don't like to lose my Canadian profile.
I am looking for find a way going around this issue and make sure I can come back to us without any problem.
Please let me know if you can help me.
EB3 from ROW, PD of Oct 2003. File RIR and transfer PD with Perm.
Thank you.
more...
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WeShallOvercome
10-31 01:12 PM
Hi Gurus,
My PD is 04/2002 and RD is 18/June/2007, EB3 India. EAD approved and fp done in Aug.
There are no soft LUDs on my 485 after 7/17/2007. What does this mean? Is there a way to check if I am stuck in name check?
I see many people with later RD and PD getting soft LUDs. Is anyone else in the same boat? Please advice..
thanks
-badal
So now we are tracking Soft LUDs as well :)
Not getting a soft LUD is the norm. It just means your case was not an exception and you can't expect any miracles ..Yet! But Getting LUDs is not guaranteed to result in GC approval either. So please stop worrying about every little thing and enjoy your life... (Like I'm doing visiting this forum every now and then ;)
My PD is 04/2002 and RD is 18/June/2007, EB3 India. EAD approved and fp done in Aug.
There are no soft LUDs on my 485 after 7/17/2007. What does this mean? Is there a way to check if I am stuck in name check?
I see many people with later RD and PD getting soft LUDs. Is anyone else in the same boat? Please advice..
thanks
-badal
So now we are tracking Soft LUDs as well :)
Not getting a soft LUD is the norm. It just means your case was not an exception and you can't expect any miracles ..Yet! But Getting LUDs is not guaranteed to result in GC approval either. So please stop worrying about every little thing and enjoy your life... (Like I'm doing visiting this forum every now and then ;)
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prashant1j
01-07 10:48 AM
My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.
thanks,
thanks,
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machita
09-29 05:57 PM
I am getting ready to n-470 to preserve residency. My company is sending me to UAE for one week period which will leads to other long back and forth trips there. I need to file n-470 to preserve residency for naturalization. I have already lived here for more than one year as a permanent resident. My questions are:
1. Where do I find a sample communication letter as a support document?
2. What do I write in it?
Thank you in advance.
1. Where do I find a sample communication letter as a support document?
2. What do I write in it?
Thank you in advance.
for_gc
04-14 09:42 AM
All,
I saw the following data released on Murthy bulletin today about PERM and BPC cases. I thought I will share it with you all.
PERM:
The DOL states that 80,272 PERM cases were filed during the above timeframe. Of these, 36,687 have been certified, 1,950 have been withdrawn, and 23,205 have been denied. The denials have been for a variety of reasons, including small errors made on the forms. Thus, many of these cases were refiled and may have been approved, ultimately. The remaining cases are pending.
There have been 24,960 audits. A breakdown of the number of cases approved and denied after an audit was not provided.
BPC:
The backlog processing centers (BPCs) began with just over 363,000 labor certifications in the backlog. The DOL reports that 108,000 of these cases have been completed. There are at least 255,000 cases that have not been completed. Of those cases completed, approximately 50,000 have been certified. This does not mean that there have been high rates of BPC denials. We believe it reflects the fact that a case is deemed "complete" if the employer chooses not to go forward at the 45-day letter stage.
DOL believes that all special-handling cases have been identified and contacted. Full data entry for all cases still appears to be slated for a June 30, 2006 completion.
This data may help us in doing some more calculations for regrogression date movements.
I saw the following data released on Murthy bulletin today about PERM and BPC cases. I thought I will share it with you all.
PERM:
The DOL states that 80,272 PERM cases were filed during the above timeframe. Of these, 36,687 have been certified, 1,950 have been withdrawn, and 23,205 have been denied. The denials have been for a variety of reasons, including small errors made on the forms. Thus, many of these cases were refiled and may have been approved, ultimately. The remaining cases are pending.
There have been 24,960 audits. A breakdown of the number of cases approved and denied after an audit was not provided.
BPC:
The backlog processing centers (BPCs) began with just over 363,000 labor certifications in the backlog. The DOL reports that 108,000 of these cases have been completed. There are at least 255,000 cases that have not been completed. Of those cases completed, approximately 50,000 have been certified. This does not mean that there have been high rates of BPC denials. We believe it reflects the fact that a case is deemed "complete" if the employer chooses not to go forward at the 45-day letter stage.
DOL believes that all special-handling cases have been identified and contacted. Full data entry for all cases still appears to be slated for a June 30, 2006 completion.
This data may help us in doing some more calculations for regrogression date movements.
ss1026
11-06 02:04 PM
I am not an immigration expert, but don't you need to show spouse's valid H1 visa to get a H4 visa? ... Unless both spouses are applying for their respective visas at the same time.
Thanks... that is what I thought but my wife is having concerns about it since she heard some of her friends had such issues. I wanted to see how true and/or widespread this issue is
Thanks... that is what I thought but my wife is having concerns about it since she heard some of her friends had such issues. I wanted to see how true and/or widespread this issue is
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