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  • ilikekilo
    06-07 05:45 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:

    ok veni..stop geeting surprised and pl contribute for your sake




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  • saimrathi
    07-12 02:40 PM
    Famous Indian americans...

    1. Are they influential Indian Americans?
    2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...

    Thanks.




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  • vdlrao
    11-19 03:50 AM
    Hello All,

    I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

    Can I continue on my EAD? If yes, How?
    If I transfer to F-1, what will happen to my PD, EAD and AP?
    After completion of studies, can I utilize my PD or EAD?


    Please advice!


    I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.


    PS: I am not a lawyer. This is just my openion.




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  • katrina
    01-04 02:52 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat


    I-539 is the request to extend or change the immigrant status,
    I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
    I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).

    My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.

    you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.

    Good luck.



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  • surabhi
    05-29 08:21 PM
    I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
    Thank you for the help

    YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.

    USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.

    It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.




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  • same_old_guy
    05-22 05:13 PM
    Checking out this section of the bill :

    (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    for an employment-based visa filed for classification under
    section 203(b)(1), (2), or (3) of the Immigration and Nationality
    Act (as such provisions existed prior to the enactment of this
    section) that were filed prior to the date of the introduction of
    the [Insert title of Act] and were pending or approved at the time of
    the effective date of this section, shall be treated as if such
    provision remained effective and an approved petition may serve
    as the basis for issuance of an immigrant visa. Aliens with
    applications for a labor certification pursuant to section
    212(a)(5)(A) of the Immigration and Nationality Act shall
    preserve the immigrant visa priority date accorded by the date
    of filing of such labor certification application.


    It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.

    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?



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  • ranahosur
    03-24 11:17 AM
    It worked well in my case.
    The HR Head of InComm wrote to me asking me to reimburse the money. They sent a Fedex to my home asking me to reimburse including the cost of the Fedex.

    I talked to the DOL and they said, i can reply to the email informing about my conversation with DOL.
    I did that and I never heard back from the HR VP. Probably no one ever challenged these guys and they were exploiting people. In fact a guy paid $15K for the green card processing to this company.




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  • yabadaba
    06-29 02:13 PM
    bumpabaump



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  • pcs
    05-16 02:52 PM
    I wrote a strong but polite letter with a special request on the very top of the letter for his staff ...." Office staff, for GOD's sake please read this letter & DO not send a generic reply"

    I got a call back from their office in no time & she said... please let me know what you want us to do to solve your problem.

    This was in Ohio

    I will suggest you to call the Congressman instead of Senator as they are more focussed. Send a letter & even better just drive up & meet them. You will not be able to meet the Congressman but the office staff will take care of your problem

    all the best




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  • bekugc
    05-07 11:29 AM
    coolest_me;

    a friend of mine had got same RFE as u back in 2005. he had gotten all the vaccinations properly, yet this came. it was just a error on the behalf of the surgeon perhaps. My friend had the doctor redispatch the document in reply to the RFE and it got accepted. the doctor did not charge any extra fee since he was at fault. this cud be just a rare /routine paperwork mistake. infact my friends wife dint get this problem, only the primary appln had this mistake.

    if u personally donot know the doctor, then take any receipt or printout from past visit to remind him that ur on his file and ur vaccination history ( if completed in thefirst place) can be located. you dont have to worry much according to me. also if ur PD is current, then its good news, ur appln is sorta woken up and once u reply to rfe u cud see +ve movement.



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  • meridiani.planum
    04-04 01:35 AM
    I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.

    ok then go for it dude. Do keep us posted on how this works out, I hope you get your I-140 approved soon without an RFE..




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  • GKBest
    09-28 04:59 PM
    That's the reason why they are now changing the receipt date to September even if you filed on July 2nd.

    I think this is just their way of saying......give us another month.



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  • bsbawa10
    09-06 03:50 PM
    USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.

    USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.




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  • mugwump
    11-25 12:48 PM
    that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.

    You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).

    And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.



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  • krishna_2001
    01-13 07:19 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation




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  • ganguteli
    04-23 12:55 PM
    Raj,

    Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.

    Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!
    How did you get your mailing, I140 reciept, approval and RFE date on the same day :D:D:D

    About krithi

    Will you consider attending the advocacy day or rally in DC in 2009.
    No
    Would you like to be a Immigration Voice Volunteer
    No

    Current GC Processing Stage
    I-485
    Priority Date
    Nov-05
    Green Card Category
    EB2
    Nationality
    India
    Country of Chargeability
    India
    Service Center
    Texas
    Labor Type
    Perm
    Perm Center
    Chicago
    Labor Approval Date
    11/05/2005
    I140-I485 Concurrent Filing
    No
    I140 Mailed Date
    04/06/2006
    I140 Filing Type
    Regular
    I140 USCIS Rcvd Date
    04/06/2006
    I140 Rcpt Notice Date
    04/06/2006
    I140 RFE Date
    04/06/2006
    I140 Approval Date
    04/06/2006
    July 2007 Filer
    Yes
    Adjustment of Status Application Type
    Adjustment of Status (I-485)
    I485 Mailed Date
    07/02/2007
    I485 USCIS Rcvd Date
    07/02/2007
    I485 Rcpt Notice Date
    08/27/2007
    Finger Print Notice Date
    09/27/2007
    Application Status
    Pending
    EAD Mailed Date
    08/27/2007
    EAD Approval Date
    08/27/2007
    AP Mailed Date
    08/27/2007
    AP Approval Date
    08/27/2007



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  • matreen
    08-22 11:02 AM
    Hi there,

    Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.

    Note: Still I am working for the same sponsered employer.

    1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?

    2. What happens to my EB3 processing if my EB2 got rejected for some reason?

    3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?

    4. What all the requirements filing EB2 for converting from EB3?

    I would really appreciate your answers.

    Thanks,
    Matt.




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  • gc_buddy
    04-04 05:24 AM
    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.


    Just to add, The Ability to Pay must be provided as of the priority date and continue until such time you recieve legal residance. If you are making fianancial adjustments as of today they may not be of much use..Just make sure of this when you or your employer makes financial adjustments..




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  • desi3933
    01-23 01:18 PM
    ....
    Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE???
    ....
    .....


    Please provide following details -
    1. H1 (and I-94) validity dates
    2. Date of filing for EAD and I-485
    3. Date of EAD approval

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




    ganesha
    02-20 06:15 PM
    Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:

    My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.

    Contacted his HR. they say, they are waiting for reply from law firm.

    Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
    Thanks.




    Alabaman
    01-07 07:34 AM
    ...talking about being a legl resident, who should this apply to in this case?? The baby was an American citizen!!



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