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  • usirit
    01-28 12:16 PM
    We got a denial around Dec-21'07 but after appealing they change back the status to 'In Process'; and according to the timeline we should be no more than 2 weeks away from getting 'CERTIFIED'... Then I-485 and I-140...
    BTW, trs80 what a nice signature....




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  • WaitingYaar
    10-01 12:32 PM
    My PD is current, and also my processing date is outside the processing times currenlty published by NSC and I140 is approved. Not sure why AOS is still pending. Any thoughts? What I should do to expedite this. Thanks.




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  • LONGGCQUE
    07-18 01:29 PM
    ineedhelp,
    Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).

    Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.

    My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.

    Good luck. It will work out well for you.

    *** Not a lawyer advice ***




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  • gondalguru
    07-08 07:53 PM
    As tax returns are filed online now (I used turbotax).... do u need to attach all the 1099s (1099 div, 1099 misc etc) that u get from bank, brokers etc to 1040 forms???



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  • bkarnik
    04-20 05:29 PM
    I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.

    So what does the gurus suggest?

    When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.




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  • zCool
    04-01 02:27 PM
    Yes, at the time of adjudication, you will need employment varification letter that shows Permenent Full time job with same or similar duties and reasonable wage difference.



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  • GCBy3000
    09-20 08:52 AM
    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.




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  • akhilmahajan
    11-15 10:54 AM
    We (3 of us from the PA state chapter) had a meeting with Congressman Joe Sastak's office staff in Media, PA.

    The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.

    She recommended that we should meet the office staff in DC since they handle issues related to legislations.

    Thats great u met the congressman, I am telling you, politicians are not aware of our problems. For them legal immigration is working great and it does not needs to be bothered.

    We need to keep on meeting the politicians and highlighting our problems over and over again.

    Meetign them once is not a solution, we need to keep on following with them. This issue has to be highlighted again and again.

    Lets get together and try to highlight or issues and hardships being faced by us.

    GO IV GO. TOGETHER WE CAN.



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  • dpp
    02-21 01:25 PM
    Dec 21, 2006

    For those that can see the Feb updates can you please post what date they are showing for:

    I-129 ( H1-B Speciality Occupation Extension of stay)

    Thanks




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  • gcnirvana
    04-27 08:25 PM
    Yep, true. But, sounds like there's just too many Bills floating around, this year!

    This one is from Mathew Oh:

    04/27/2007: Disappointing News of Sponsor's No Immediate Push for Hagel High-Tech Temporary Relief Bill

    The Senator from Nebraska introduced earlier High-Tech Worker Relief bill. The employment-based immigrant community and the businesses and academic institutions had some level of hope and expectation that this bill might be acted upon as separate from the CIR. However, there is a report that Senator Hagel stated that the Senator introduced the bill intended to be handled as part of the CIR legislation process. It thus appears that all the bills which have been introduced recently were also intended by the bill sponsors to be debated and reflected in the CIR legislation process in May in the form of amendments. There we go. The Senator yesterday introduced S.1225 for the illegal immigration reform part of his own comprehensive immigration reform scheme under the name of Immigrant Accountability Act of 2007. Probably more immigration reforms bills may be introduced by other legislators before and during the Comprehensive Immigration Reform debate in the Senate next month. As we summarized on 04/22/2007, there have been developing compromises along the lines of key issues which we highlighted in the posting and media start predicting that because of these compromises, the CIR may have a better chance to pass this year than last year.
    Well, we are only inches away from the door steps of May 2007. After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.



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  • styrum
    03-02 08:03 PM
    I live in Seattle area now and would like to participate in any joint effort. Please let me know when any such activitity is planned.




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  • luckylavs
    05-15 12:30 PM
    Gurus: Any idea if there will be visa movement for IN in the near future...



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  • immigrationvoice1
    12-10 04:03 PM
    Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...




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  • obviously
    08-04 11:45 AM
    Thanks for the 2 quick responses... albeit, opposite in recommendation :)

    1. No need to file new I-485
    - Has anyone done this?
    - Any risks that we should think about?

    2. File new I-485
    - Has anyone done this?
    - Apart from the additional cost and document preparation time, is there any other downside?

    Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.

    Appreciate any responses or assistance!!!!

    Cheers!

    I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.

    When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.

    You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.

    You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.

    The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:

    (e) Retention of section 203(b)(1), (2), or (3) priority date. --

    A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. 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. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.



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  • sammyb
    11-19 12:21 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    because of page cache or they posted it today ... just wondering ... anyway thanks for the info ...




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  • makemygc
    07-18 12:12 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?

    I edited my previous message as I do agree I sounded negative but that's not what I mean.
    Some of my suggestions:-
    1. Creating a petition and getting it signed by more than 10000 victims stuck in BEC and sending it to relevant people in congress and USCIS.

    2. Doing a rally in NY, Sanjose etc.

    3. Working closely with USCIS and IV core and see how we can improve the situation.



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  • eb3_nepa
    08-25 12:01 PM
    Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.

    As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.




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  • anindya1234
    06-01 02:20 PM
    I am not sure but the SKIL bill may be one such initiative. Check out
    http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf




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  • enggr
    11-21 01:47 PM
    enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.

    Hi Wandmaker,
    thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
    I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice




    binadh
    10-15 03:23 PM
    Just gotta call from the lawyer's office. PERM is approved today after more than 15 months. :D

    Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.

    Original filing - Jun 17th 07
    Query response - Nov 2nd 07
    Approved - today
    Filed at Atlanta service center
    EB2 ROW

    Thanks.




    yanj
    12-14 11:58 AM
    I searched some ways to solve the GAP problem.

    Now I collect it and please correct it if I have some mistakes.

    GAP problem is a normal problem . So we can share our information about it

    to help each other.



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