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  • desi485
    05-05 10:37 AM
    If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
    __________________
    -----------------------------------------
    Member of Tri State Chapter ( NJ / NY / CT )
    Sent faxes to Congressmen / women for EB greencard recapture.

    Eb2 India
    PD : January 3 2008
    I 140 : March 10 2008
    LUD : March 19 2008 :
    I 485 : Not yet applied.
    EAD / AP : Not yet
    -----------------------------------------

    I was wondering, looking at your signature... Didn't u get a chance to file for 485 in July? Just curious.




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  • a1b2c3
    06-16 12:27 AM
    I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!

    I think so too. I think its good to ask the immigration officer why the visa is being denied.
    I think its best your parents apply by themselves and leave your brothers out.
    When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
    Another thing to do is to ask for a short duration visa like a month or so. It might help.

    And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.

    Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.




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  • jung.lee
    03-03 11:56 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    See the below linked forum post for a relevant discussion:

    http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4

    Also, see this document I posted on Scribd:

    http://www.scribd.com/doc/12822387/485vsH1b




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  • Libra
    10-24 10:08 AM
    yeah it took almost a year to send an RFE that too after repeated calls to CIS.

    Libra,

    Congrats!!! Did it take an year for the RFE itself???

    Romesh and naresh,

    Any updates?

    thanks,
    Sampath



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  • gcformeornot
    04-06 02:07 PM
    For those who have Labor Sub and used AC21 to port employer....read on...

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)




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  • ChainReaction
    02-21 12:06 PM
    Satish,
    Did you see these updated today (2/21) ?

    Where did you see that ??

    Thanks

    I am also looking for the update, can someone post the url for the site.



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  • ssharma
    04-27 01:36 PM
    Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :

    Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?

    A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
    Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html




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  • alterego
    10-19 08:15 PM
    Buy only if you have a time horizon of over 5 yrs now. Preferably 10 yrs.

    If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.

    Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.

    The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.

    Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.

    Good luck!



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  • MetteBB
    06-06 03:04 PM
    I know ;)




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  • diptam
    09-26 04:50 PM
    Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.

    This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.

    If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.



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  • kanshul
    04-23 09:48 AM
    Also remember that the client may not be happy with the small consulting firm who is threatning...

    Do you have a middle layer (preferred vendor)? Does your employer have other working on the client site? In either case the employer faces serious possiblity of losing businesss in the future.

    Talk to your client manager and I can assure you that no court will hold your employer's reasoning as valid.

    What state are you in? In NJ your employer is not even considered an employer but an employmend agency so no non compete holds...




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  • varshadas
    02-17 12:43 AM
    A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.

    I just want to go over what we discussed in the call in brief:

    Goals of the state chapters
    Increasing the membership
    Meeting the law makers

    Methods to increase membership
    Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
    Distribute the flyers in the local train stations where traffic is maximum.
    Distribute the flyers in the local temples.
    Try to participate in local community events.
    Try to get onto the local Indian/Chinese radio channels.
    Try to connect with people at work and school.
    Try to get stories in the local newspaper.
    Any other methods can be explored by the individual state chapters.

    Meet the law makers
    Go to www.immigrationvoice.org
    Click on Resources on the left
    Click on Resources for "Meet Your Local Maker"
    There are a number of things here that would help you in this.

    People from the local constituency should set up an appointment with the
    Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
    Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.

    For setting up the appointment, we used the following letter format provided by the core team:
    ************************************************** ******
    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
    non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
    meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are
    suffering due to these delays and wish to bring this important issue in front
    of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:
    ************************************************** ******

    Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
    heading called Materials for the meeting in Resources->Meet Your Local Maker.
    If possible, take your laptop for the presentation.

    Begin by introducing yourself and that you are a member of IV which is a
    national non-profit organization that is working towards providing relief to
    skilled legal immigrants and that there is no other organization like
    immigration voice in the USA.

    Talk about the good things that the Congressman has done for the community (Research in advance).


    More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.

    If anyone has any questions, please contact IV or you can contact me too at
    varshadas@hotmail.com.



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  • raghureddy
    03-18 06:03 PM
    The reason they said was they are doing the back ground check on the company. But i am on the payroll from the same company since last 4years...




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  • gc_chahiye
    12-07 04:48 PM
    ... Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
    in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count

    nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.



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  • txh1b
    08-18 01:39 PM
    The attorney's post re-iterates what I have been saying. You did not qualify for H1b portability. Even if USCIS approves the case with a I-94, you cannot consider yourself safe as it might come back and bite you for working illegally.

    If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.




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  • gcpool
    08-23 12:02 PM
    in EB3, EB2 and EB1



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  • gc_chahiye
    12-10 11:35 AM
    Hi All,

    Just posting my experience of traveling on AP as a reference for others:

    I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.

    In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.

    The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.

    Simple process, no hassles.

    Enjoy!

    thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.




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  • seahawks
    06-26 09:07 PM
    Thank you, since it was something where the form was wrong, I have asked my attorney to respond, will post what he suggests, I just feel terrible that the onus is on us for not checking that USCIS. After all these years of wait, how can I over look this?




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  • ravik
    08-03 01:32 PM
    Nothing to worry.They denied your SR Request.They denied MY SR request before but now they accepted my SR after 75 days and they ordered my EAD Card.Dont worry.




    chanduv23
    01-21 01:34 PM
    I joined Immigration voice on orkut. My name is Chandrakanth




    RDB
    07-12 09:31 PM
    I e-filed EAD in June 2009 and the case is at NSC.....they did sent me some notice on Friday - which I am yet to receive - not sure if it is going to be a FP notice or request for evidence.



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