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  • indyanguy
    06-13 05:18 PM
    As understand the process

    1) First one should change the employer with new job.
    2) Apply for new Labor (with EB2 requirements) -- PERM 3 months.
    3) Apply for new I-140 (use old I-485) -- PREMIUM 1 month.
    4) No need to apply for NEW I-485.

    Guys, this is the best option for EB3, use it.. with in 4 months you are current... let us port to EB2...no need to wait this VISA bulletin saga.

    If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?

    I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?





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  • ashkam
    07-20 09:14 AM
    Are the sample affadavits floating around the ones to be used (that my parents can fill in and sign) and would that be sufficient. Does it have to be notariazed or parents filling/signing it is sufficient.

    Also do consulates of India etc provide such affadavits/birth certificates?

    confused...

    it has to be 2 affadavits....right...one by parents (both parents on one i'm assuming) and the other say an uncle (is there a format for that one)...

    You need 2 affidavits, one from each parent. Or from one parent and one close relative. Or two from two close relatives. They do not need to be notarized as long as they are self-attested. Scanned copies are fine. Retain the original with you in case the CIS asks for it.





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  • snathan
    03-02 02:35 PM
    My case is as detailed below, and my questions follow:

    PD: July 2007, EB2 (India), Software field
    Labor, I-140: Approved, I-485 etc. NOT filed.
    H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
    Currently outside US, NOT working for the H1 sponsoring employer.
    My employer has NOT revoked my H1 or I-140.
    I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.

    I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:

    (Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
    1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?

    Yes...you can as long as your employer is also supporting you

    2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.

    GC is for future employement and it should not affect. You are already out of the country for more than a year. So your 6 year limit is reset now.
    3) Would the fact that I was out of US for 2 years help me get a "regular" extension?

    I believe it should not have impact as the six year clock is reset and you also have I-140 approved

    4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?

    Again, GC is for future employment.
    5) if yes, will my PD of July 2007 be maintained?

    Yes, if I-140 is not revoked. Different attornyes have different opinion about revoked I-140
    (Different employer, as Indian citizen, knowing that I am currently out of the US):

    6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?

    If your H1B is not expired, you can do transfer. I am not sure about the limitation if the H1B expired.

    7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?

    You may need to provide the W-2 for the years you were working in the US

    8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?

    You can retain the PD if the I-140 is not revoked. No need


    If I become a Canadian Citizen:
    9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?

    Its upto you and the sponsoring employer.

    10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?

    Citizenship will not affect your PD

    Also:
    11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
    12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?

    NO
    13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?

    It wont untill your spouse born in different country.
    Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.

    Check the answer above





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  • ck_b2001
    08-26 04:56 PM
    Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.

    I would not mind getting EAD few weeks late and prefered to have reciept notice recieved instead. I filed Jul 2nd at TSC and no news yet about Reciept, CC, EAD, AP. Most July 2 filer at NSC got their reciepts 2 weeks ago.
    There may be 1% chance of 485 being rejected and that is pretty scary. Easly NSC filers can atleast put their mind at rest for 485 acceptance.



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  • mrmr
    10-16 05:15 PM
    Hi folks

    Can spouse apply for OPT ( F1 student) while a pending EAD (thru 485) is awaited. Appreciate your response.

    Thanks





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  • gc_chahiye
    02-17 09:33 PM
    Thanks for your reply. My main question is, if I do the H1B transfer (to a company other than the one that filed my labor, 140, 485), who has to submit the application for my spouse's 485 (when the priority date becomes current), my new employer or the old one that originally filed my 485?

    Thanks.

    your wife's petition is based off yours, you dont need any LC/I-140 filing documents for that. Your I-485 receipt and/or I-140 approval notice copy is what you will need to include in her application. Other than that there is nothing needed from either X or Y. So it does not matter whether the petition is filed by an attorney from X, from Y, or from your own independent attorney. You can even file it yourself without involving attorneys...



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  • 485Mbe4001
    02-16 05:58 PM
    When i get my GC in 2023, this will help me a lot ;)





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  • krishnam70
    04-14 11:47 AM
    I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!

    receipt Number: SRC07******

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    - cheers
    kris



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  • Michael chertoff
    04-11 11:41 AM
    How much money is being raised and how it is being used ?

    How much money you have donated?





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  • ksiddaba
    07-05 12:11 AM
    Reversal Frustrates
    Green-Card Applicants
    By MIRIAM JORDAN
    July 5, 2007; Page A2

    The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.

    Write to Miriam Jordan at miriam.jordan@wsj.com



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  • tnite
    07-19 09:29 AM
    Unless you want a RFE get a new affidavit. It might take a day or 2 to get it from India but its worth it.

    my 2 cents..





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  • gceb1
    03-19 11:37 PM
    Bummer is a word used to express disappointment.

    He was not name calling. It takes a while to pick up the slang but it sure helps you to assimilate better.

    And, if you were already familiar, before you go on a tirade on me, please hold your horses..

    according to you, it means he is really disappointing or annoying to just read one bill and conclude everything....



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  • like_watching_paint_dry
    08-26 09:34 PM
    Hi Guys please help me

    Yesterday i got my receipt i check the status online the status is saying

    Receipt Number: LINXXXXXXXX
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
    On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
    Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.


    But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.

    Did any guys get same kind of problem?

    Dont panic... yet. On your I485 receipt notice, there's an amount mentioned. What's that amount? :cool:

    LWPD





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  • alterego
    12-25 02:24 PM
    It was most likely due to the withdrawn underlying 140. Although AC21 protects you in such situations, I think it sometimes takes MTR etc. A whole lot of stress and money expended in the process.
    Wow! what a roller-coaster that must have been!



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  • lazycis
    04-25 09:16 PM
    ask lawyer to file MTR and resend response to RFE along with it. You should get a quick response (within 4-6 weeks). If MTR is denied, ask to file appeal, but sometimes it's better to change employer and start from scratch. Appeal can be a long process.





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  • pmb76
    07-14 05:38 PM
    A few days I called Comcast to disconnect CNN and CNN headlines from my cable. The Comcast representative was surprised as to why I want to cut CNN. She transferred me to her supervisor. The supervisor noted down my complaint and said that he will get back to me in 3 business days. Next day I got a call from Comcast that they will block CNN entirely from my cable. I thanked them as I will not have bigotry coming into my house anymore.

    Sanju, I agree with you that it is very hard to listen to bigotry when it is particularly aimed at us. However not listening to it and avoiding it doesn't make it go away. We must know our enemy and always keep track of what they are up to. Arya-Chanakya the great statesman of Chandragupta's court once said "Keep your friends close and enemies closer" This statement is so very true to this day.



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  • Sree_Vaas
    04-04 08:56 AM
    Just being a part of the this whole thing gives immense pleasure of fighting for a cause. It is inexplicable to be a core member.

    Do not worry about some comments, its always going to be there for any work, good or bad. It is all part of the game, just play it well.

    We are all there to support you.





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  • loudobbs
    08-29 01:23 PM
    Thanks Ajju


    They won't wait for your PD to be current to issue FP Notice.

    Also, I don't think (my 2 cents) its advisable to travel before FP.. You never know when it will come and if you miss it... its considered as if you ignored it... They will issue one more FP notice before closing your AOS application...

    So its needed to keep track of FP notice...





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  • kumar4875
    06-20 09:38 AM
    Do you know why there was an inquiry against Employer?

    Your case seems different

    Personnel message sent.





    Jimi_Hendrix
    02-14 06:14 PM
    I called Senator Ed Kennedy's office and was told that CIR is likely to be introduced in early March something like first week. They of course told me that there are no guarantees, but more a reasonable probability.





    greatzolin
    09-25 03:22 PM
    My EAD card ordered and LUD on AP on 9/25/07

    Salud!



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