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  • ss1026
    07-06 11:43 AM
    YOu are correct. If you have an approved I-140, you get
    - 1 year extension if PD is current
    - 3 years if your PD is not current





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  • logiclife
    01-03 10:58 AM
    We will start a system of monthly recurring payments today.

    It will be using paypal. We have had paypal for over a year now and its easier to setup that way.

    Everyone, please hold on to signup for monthly recurring payments.

    The options will be :

    $20 per month.
    $50 per month.
    $100 per month.

    They will be secure transaction thru paypal and you can connect your chosen credit card or debit card to paypal and each month paypal will deduct the amount and send it to IV.





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  • gcgreen
    08-15 12:45 PM
    your description is pretty vague. please provide more details of the precise job description in the labor petition, and the occupational classification code in the application.


    Hello Gurus,


    This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

    Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

    Please help me.:confused::confused::confused:





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  • gcbeku
    08-10 01:13 PM
    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    b) can AC21 approach be used to port this to a EB2 category ?
    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).

    Thanks.



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  • madaram
    08-09 11:25 AM
    pls read what sensenbrenner has to say.
    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL





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  • go_gc_way
    09-22 02:50 PM
    Good idea !!

    I am with you folks. When I have added new members, I will let you know names.

    Please keep this thread alive.



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  • gxr
    09-26 02:12 PM
    Got EAD approved on 09/25. Filed on 07/03, RN is 09/11. - NSC, 140 still pending.





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  • gsc999
    06-29 11:12 AM
    My friend

    What else we lose if we stand up the plate to express some legitimate concerns?

    Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

    Unless some compelling personal reasons, i do not see any thing wrong to raise the voice
    ---
    satyasaich,

    I am sorry for the misunderstanding. It seems my attempt at sarcasm didn't work.

    CIR is not amnesty. It is a solution to a problem. People who label CIR as "amnesty" are narrowly viewing the legal definition rather than taking the broader view of trying to solve the problem of immigration. The issue here is not what is the legal definition of amnesty but a comprehensive solution to immigration.



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  • immi_enthu
    12-28 10:07 AM
    I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.

    This is not the first time. It's so frustrating . Well, that's USCIS for you.





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  • aug2007
    02-24 12:02 AM
    I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.

    I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.

    I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?

    I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?

    Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.



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  • gc_kaavaali
    11-14 04:03 PM
    Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??

    Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.





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  • ras
    02-20 11:00 AM
    I filed I 140 and I485 and 180 days completed. I got an RFE on I 140 for Ability to Pay.

    I have another I140 already approved with earlier PD.

    Can I interfile when there is an RFE on I 140?



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  • pratikgr
    08-08 07:49 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible





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  • whiteStallion
    03-14 05:17 AM
    Congratulations !!!



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  • frostrated
    09-14 04:23 PM
    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.

    Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
    In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
    If you have no option for getting a visa, then I would not travel without the travel doc.





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  • sledge_hammer
    07-16 08:33 AM
    Hi,

    Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?

    I haven't heard of any employer "notifying" USCIS about an employee's EAD status!

    Thanks!

    It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.



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  • sagis99
    03-18 01:08 PM
    Not sure if funny is the right term to use here, but this makes me think about
    the cold-war era russia/east germany type of bureaucracy.
    amazing.





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  • hoolahoous
    09-15 06:23 PM
    How about making it standard format. That will make it easy for admins/reporters to sum it up. For e.g. millions of dollars per year paid as taxes by people stuck in GC queue will make a good impact. And so would the average amount of years a person has to wait to get GC. So format could be

    1) Name
    2) Picture(s)
    3) Average Tax paid per year
    4) Years in US
    5) Years waited for GC
    6) Number of US citizen kids (with age)
    7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
    8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)

    Feel free to improve on it.





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  • mckottayam
    05-02 08:03 PM
    mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?

    I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.





    leonqiu
    03-14 12:06 PM
    Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.





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