Saturday 25 June 2011

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  • kshitijnt
    01-25 03:12 PM
    I understand that I-140 petition is violation of F1. Is this correct? If yes, why not reject I-140?

    No According to my lawyer I-140 is employers petition. I-485 is your petition. You have not demonstrated immigrant intent if your employer files I-140.





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  • ivar
    03-20 06:47 PM
    Friends, my question was timing of porting priority date, to put the question in one line as below,

    Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.

    Thanks.





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  • wandmaker
    02-11 05:31 PM
    How about, those who made incorrect predictions to pay $50 to IV?:D





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  • saturnring11
    11-07 04:02 PM
    Alp,

    I faced the exact same question a few months ago. I came to INSEAD in Aug'07 after taking a leave of absence from my employer. My advice is to keep the door open by trying to keep your process active.

    Good luck with your time at INSEAD!



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  • bomber
    08-16 06:15 PM
    SLowhand, You are absolutely right. We can understand if USCIS does not send anything to employee for I-140, but for I-485, which really is an application from the employee, it is really not legal for the attorneys to dance on employers' tunes and provide our paperwork to them and then blackmailing us together.

    How can we take it up with USCIS through IV?





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  • ksircar
    03-07 03:41 PM
    I did not understand the "time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS" part.
    My situation is as follows - My I-140 is approved and judging by the current situation my child will be above 21years (currently on H4) when visa becomes available.
    My questions are - Will I be able to extend my child's H4 beyond his 21 years, assuming I continue on H1? And will I be able to adjust my child's status when visa becomes available?

    Thanks

    I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.



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  • sanjay
    08-19 02:27 PM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    What does this mean ?





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  • EdGMan
    05-24 01:45 PM
    Faxed:)



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  • emmie
    01-01 06:12 PM
    Thank you very much for the response. My lawyer just responded back to DOL like around a week ago. It is very frustrated that I still don�t hear anything from DOL so far. I wonder if I change my visa to F1 by attending the school full times such as attending college. Can I stay in US and wait until I got my green card approved? Is it possible to do so?





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  • ImmiLosers
    09-25 10:54 AM
    Substitution is fair? How about the people who he cut off?

    With your attitude, IV would die soon...

    I was not aware about EB2/EB3 when I filed my 1st Labor. Attorney did not educate me either. I changed my job (due to other reasons) and availed that opportunity to substitute PD. SUBSTITUTION OF I-140 is not only fair but helps shorten EB3 line as well. It also helps people who gets laid off while awaiting PD to get current.

    Naga - Do you have I-140 for EB3?



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  • vgayalu
    08-20 01:34 PM
    I filed on June 29. Reached on July 2
    Signed by Bermeyer.
    No receipts are received and no checks are cashed.





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  • willwin
    10-19 09:21 AM
    There were about 600,000 AOS applications including the July and August filers. So that number less 60,000...roughly about 540,000 applications still pending with USCIS....

    And 540000 @ 140000 per year is approx. 4 years!

    Going by PD, 2001-2003 may get their GC by Dec 2008

    PD 2003-2005 by March 2010

    PD 2005-2007 by Sep 2011

    Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.



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  • Sachin_Stock
    08-05 12:03 PM
    I have 4 years degree with Masters. However, if you made through EB3 you should be able to get through EB2. Nevertheless, it is worth a try as gains are large. I understand there is a risk (no risk no gain).
    I have just started the process and my labor is in process. I am filing with my current employer who filed my EB3 case. Green card is for future job so they are taking me for higher position say manger. My lawyer is making sure there is some kind of sync up with Eb3 labor and H1B application. They should be supporting the present labor application.
    Your employer need to be supportive and should be willing to work with you that help a lot. They have added some managerial stuff and kind of technical lead. I have not used my experience with present employer.
    To best of my knowledge, there is no impact to eb3 case.
    Hope this help.


    I don't think there's any relationship H1-application. H1's for current employment where as PERM labor is for future employment. Future meaning, after your 485 has been approved. One doesn't even need to be on H1 to proceed for Eb3 to Eb2 conversion.





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  • gc_bulgaria
    10-05 02:51 PM
    Our FP were sent back to USCIS the same day - 10/1/07.

    What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:



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  • Tito_ortiz
    01-31 03:58 PM
    Based on what you believe that "BC has a much higher standard of living than Boston?". I hope that is not one of those silly annual surveys in which they interview low income and beggars on the streets and rate mainly based on health care and welfare for them.

    Regarding raising kids, if you believe that doing that around prostitutes, lesbians and drugs is a good thing, so go ahead and live in BC.

    Read the below for some truth about the Socialist Canada. I lived there and I know how it is.
    www.notcanada.com



    I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
    The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.





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  • EndlessWait
    05-30 03:29 PM
    It's because you, me, or any temporary legal immigrant will go back home if some law changes, and new batch of H1 B people will come in to fulfill industry requirement, but for illegal, route from South America is a one way street to USA and no going back. Plus, if temporary legal immigrants leave, US Govt. got to keep all our social security, retirement saving etc. if you think from their angle (US govt.), I guess for them, it makes more sense to legalize illegal (so at-least govt. can get some share of money from their taxes) because no matter what govt. do, illegal are never going to go back.

    After one has been here for 10 yrs. , does US have any Internation tax treaty with INDIA to give back social secuirty benefits or return the taxes back, if one goes back.

    I dont care about GC, Indian govt. must get our social security taxes back. This is a legitimate concern atleast. I guess Indian govt. can take this issue up for sure.



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  • raysaikat
    01-15 09:21 AM
    Hey Everyone,

    My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.

    Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.

    So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.

    Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!

    For F-1 visa, you need to show non-immigration intent; i.e., you do not plan to immigrate to U.S. In your case, the combination that I-130 is pending, you want to apply to a university that does not have your major, etc., sends a very bright red flag.





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  • gc_chahiye
    01-11 12:17 AM
    Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.

    employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.

    However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...

    I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.





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  • ys2jax
    07-03 08:42 AM
    keep forwarding this news in email, so that we make this the most emailed news and it will show up on top of the page in yahoo for most emailed news.

    Another link:

    http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards





    GC_hope_2006
    11-12 05:08 PM
    Hi,

    I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.

    As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.

    The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
    Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.

    Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?

    Thanks in advance.





    nogc_noproblem
    02-23 12:08 AM
    I applied for my EAD renewal during last week of Nov 2010, it took only 42 days to receive my renewed card. It got 2 years validity, validity starts from the next day of current EAD expiration date. Even though current card is valid for another 2 months, pleasantly surprised to receive the new card in USPS priority mail. Overall, job well done by USCIS as for as this EAD renewal in concerned.

    My priority date is Jan 2007, not sure whether by extending it for 2 years USCIS is not expecting me to be current in the near future. Personally I am expecting to be current during this July - Sep time frame. Worst case at least it should be a touch and go scenario, fingers crossed.



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