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  • xgoogle
    11-12 05:44 PM
    I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?




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  • fromnaija
    07-18 06:54 PM
    I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.

    Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
    Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


    Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?




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  • unaikax
    01-04 07:15 PM
    I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?




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  • jonty_11
    01-15 12:07 PM
    Problem is it will be another $500 expense (Test plus air Tickets) as the test center is not in my state/city.

    I do have a Masters from US and 6 plus years expirience in US.
    I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...



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  • thomachan72
    06-18 07:25 AM
    But for filing the 485 (US green cared last stage) you need to be physically present within the US and it will be difficult to comute across the border at this stage. This is a very complicated issue and you can never predict the outcome. However, apply both and stay in canada now. Try to complete the 2 year requirement in canada and then you can move back to the US and file the 485. Another thing I heard is if a canadian company hires you and places you in a US location, you can stay in the US and claim years of residence towards the canadian PR, because you are being paid in canada (something like that). If that works then at the same time your LC can be done here. then if dates are current 140 and 485 filed concurrently.
    Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.




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  • ssnd03
    07-12 04:10 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

    It will not solve retrogression which is a bigger problem, but requires congressional action for number increases

    BTW my AOS is pending due to indefinite background check delay.



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  • Rakson
    03-03 06:58 PM
    You have added important point for consideration. Thanks!


    I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...

    A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?

    Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).

    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?

    Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.

    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

    Rajeev >> Yes, its possible if revoke is not due to fraud filing..

    1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?

    Rajeev >> No, this is not true. USCIS is still approving as before.

    2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.

    Rajeev >> Yes, this could happen as every filing is new and handled from starting.

    3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?

    Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.

    4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).

    Rajeev >> No, L2+EAD period is not counted like H1 & L1.




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  • prashantkh
    08-23 02:30 PM
    in EB3, EB2 and EB1

    Not Enough :rolleyes:



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  • pan123
    09-17 03:30 PM
    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123




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  • invincibleasian
    01-31 12:28 PM
    guys please quit all this begging. If yu guys need help do your research or contact an immigration attorney!



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  • katrina
    06-09 02:33 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.

    Once she get her greencard approved you will automatically get yours as well.

    but as always this is just my opinion everything has still need to be consult with your lawyer.




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  • anantken
    07-21 09:32 AM
    I am also having the same case... my PD is May 2006. I filed for I-485 in July 2007. Until today I haven't received the FP Notice.. Last yr I have received AP, EAD but no FP yet..

    Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.

    I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.

    Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.

    I dont know what to do now. my service center is TSC.



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  • coopheal
    02-11 11:35 AM
    Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?

    As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.

    At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.


    Thank you

    There are reasons why IV take certain bills and do not focus on others. The main reason being chances of it getting passed in way or form which will help our situations.

    Even then there are no guarantees that any bill will pass.




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  • benbear
    11-08 03:49 PM
    If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.

    The total number of pending AOS in June, right before the July VB fiasco, is 597K.

    Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
    should be about same.

    EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.

    This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
    every year.

    So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.




    per USCIS released information approx 655K AOS pending application as of end of Sept 2007.

    It's also has 281K EAD & 188K AP pending applications.


    So long way to go for GC journey...

    Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf



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  • smartboy75
    09-27 02:39 AM
    well said....it is surprising how US can afford to turn a blind eye to the mounting problems faced by legal immigrants....




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  • chris9902
    06-09 05:43 AM
    how can you make a site that bad

    i can't make ground-breaking sites but i don't think my brain could make something that total ****

    SOUL all the way

    PS: love the midi can you send me it:-\



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  • ramus
    06-11 12:16 PM
    Seems to me you joined IV for then a year now..
    Can I ask you simple question.

    What is your contribution towards IV.

    Contribution could be in any form-- fund/invite friends/send email to reporters/ and so on..

    Please answer here to we all will know.

    Mr. Sanju,

    We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
    Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.




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  • th3thirdman
    03-30 07:05 AM
    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.




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  • India_USA
    06-25 09:52 AM
    Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)

    In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.

    Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......

    So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.

    All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org




    cagedcactus
    11-11 03:38 PM
    In short... this backlog is not going away, until everyone of us participates at state level, and starts making a difference.
    We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....




    for_ac21iv
    06-01 01:21 PM
    Hi,

    I have been a silent observer of the posts here in the IV.
    I like the posts in general, the ideas in particular.

    I am also a member of immigrationportal forums and have
    seen a lot of interest in members there towards separating
    the legal provisions in the senate's CIR S 2611 bill into a new bill/law,
    and see if it can be passed quickly, as the law makers,
    do not seem to have any problem with changes for legal immigrants
    in it.

    - Is this possible ?
    - Can IV help at this critical times ?
    - What would it take to get the House pick the legal immigrant
    items in CIR S 2611 and pass it first ?

    regards,
    ac



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