Marphad
03-26 05:41 PM
Hello All,
I am in critical situation advice me ASAP.
...
Thanks in advance
Chethu
Your case is complicated and risky. I would suggest to contact attorney.
I am in critical situation advice me ASAP.
...
Thanks in advance
Chethu
Your case is complicated and risky. I would suggest to contact attorney.
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balu_g
05-19 07:46 AM
Hi Guys, Please go through the article:-
http://www.ilw.com/articles/2005,1004-mehta.shtm
which talks about:-
8 C.F.R. � 204.5(e)
which is described here:-
http://www.uscis.gov/lpbin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-13475/slb-14279?f=templates&fn=document-frame.htm
It does not talk about the circumstances under which an I-140 can be revoked. It will be good if we can get it clarified from a good immigration lawyer.
http://www.ilw.com/articles/2005,1004-mehta.shtm
which talks about:-
8 C.F.R. � 204.5(e)
which is described here:-
http://www.uscis.gov/lpbin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-13475/slb-14279?f=templates&fn=document-frame.htm
It does not talk about the circumstances under which an I-140 can be revoked. It will be good if we can get it clarified from a good immigration lawyer.

newuser
04-25 03:28 PM
My five stars
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arc
09-08 08:09 PM
I opened SR in May so it took 4 months, it seems all these days the NSC guys were processing other applications, they got to the SR last week and started sending these status emails...
I guess its just telling us that they are working on the cases... its alll good
I guess its just telling us that they are working on the cases... its alll good
more...

delhirocks
07-15 12:42 PM
I am not currently in Boston, but spend a lot of years there...great idea guys,
just something to think over
Wouldn't it be cool to have the rally along the freedom trail... start and end at state street...one of the meeting points could be where there was the Boston "massacre"
just something to think over
Wouldn't it be cool to have the rally along the freedom trail... start and end at state street...one of the meeting points could be where there was the Boston "massacre"
Michael chertoff
09-06 08:39 AM
IndiaBull has so many reds...
are they for this post ?
Nope.. He like red color like you.
Anyways for the prediction. I dont think that there will be any forward movement till next year july.
I hope i am wrong and we will get some decent movement.
MC
are they for this post ?
Nope.. He like red color like you.
Anyways for the prediction. I dont think that there will be any forward movement till next year july.
I hope i am wrong and we will get some decent movement.
MC
more...
bijualex29
09-13 04:09 PM
EAD comes to our home address or Lawyer's firm address, since I used G-28?
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reddymjm
05-07 08:48 AM
5 more things you need to do ASAP.
1) Contact local congressman and provide the 485 details, have them contact USCIS.
2) Contact local Sentor and provide the 485 details, have them contact USCIS.
3) Have your attroney conact USCIS abotu the case
4) Try calling USCIS from your side, if you are lucky you get to the 3rd level and you can provide your details .
You might ask, how do you know all this crap. I did port from EB3, did all the above 4 and that worked out for me. I think item (1) or (4) worked for me but I am not sure.
You are right
1) Contact local congressman and provide the 485 details, have them contact USCIS.
2) Contact local Sentor and provide the 485 details, have them contact USCIS.
3) Have your attroney conact USCIS abotu the case
4) Try calling USCIS from your side, if you are lucky you get to the 3rd level and you can provide your details .
You might ask, how do you know all this crap. I did port from EB3, did all the above 4 and that worked out for me. I think item (1) or (4) worked for me but I am not sure.
You are right
more...
s416504
12-05 01:57 PM
Congrats..Can we know what was the I485 RFE?
Mine is EB2, India, PD 02/2002. Converted from EB3 to EB2.
Since you are very much interested in my story i'll tell you my GC Journey.
- 6 H1Bs (Since 2000)
- 2 LCs (One RIR in 2002, PERM in 2007)
- 1 45-day letter (in 2005)
- 2 I-140s (1 in 2006, 1 in 2007)
- 1 Layoff (in 2006)
- 1 I-485 (in 2007)
- 1 EB3 to EB2 converstion.
- 2 EADs (2007-08)
- 1 AP (2007)
- 2 Finger prints (2007-08)
- 5 SRs (4 no response, 1 useless response)
- 1 Infopass
- 2 Fax to NSC director with no response
- 2 letters to NSC director with no response
- 5 letters to congressmen and senators
- 1 letter to First Lady
- 1 response from FBI regarding name check.
- 2 Ombudsman enquiry (1 no response, 1 useless response)
- 2 responses from USCIS to congressmen enquiry (promising i'll get something before Oct 2008)
- 2 more followup enquiry to Congressmen (because nothing happend until Nov 1st week)
- 2 more followup response from USCIS (promising some status change before Nov 30th)
- 1 I-485 RFE (just before Nov 30th as they promised)
- Numberous phone calls to NSC
RFE received on 11/24, RFE response recd 12/01
12/04 GC approved.
Mine is EB2, India, PD 02/2002. Converted from EB3 to EB2.
Since you are very much interested in my story i'll tell you my GC Journey.
- 6 H1Bs (Since 2000)
- 2 LCs (One RIR in 2002, PERM in 2007)
- 1 45-day letter (in 2005)
- 2 I-140s (1 in 2006, 1 in 2007)
- 1 Layoff (in 2006)
- 1 I-485 (in 2007)
- 1 EB3 to EB2 converstion.
- 2 EADs (2007-08)
- 1 AP (2007)
- 2 Finger prints (2007-08)
- 5 SRs (4 no response, 1 useless response)
- 1 Infopass
- 2 Fax to NSC director with no response
- 2 letters to NSC director with no response
- 5 letters to congressmen and senators
- 1 letter to First Lady
- 1 response from FBI regarding name check.
- 2 Ombudsman enquiry (1 no response, 1 useless response)
- 2 responses from USCIS to congressmen enquiry (promising i'll get something before Oct 2008)
- 2 more followup enquiry to Congressmen (because nothing happend until Nov 1st week)
- 2 more followup response from USCIS (promising some status change before Nov 30th)
- 1 I-485 RFE (just before Nov 30th as they promised)
- Numberous phone calls to NSC
RFE received on 11/24, RFE response recd 12/01
12/04 GC approved.
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rajenk
07-22 01:18 PM
I am listing out what exactly, I have done and my EB3 GC is still active without any trouble. My current employer filed for GC and they are about to file my I-140 in EB2 porting my EB3 PD.
1. Get a legible copy of your current labor certification.
2. Get a legible copy of your current I-140, not the courtesy copy.
3. Get your H1 transferred. H4 is not needed to be transferred as the petitioner on H4 would be you or your current attorney. I would suggest you do a premium processing for H1.
4. DON'T give resignation notice until H1 is approved. Your new attorney might say, once filed you can join the new employer. NO don't do that in the current JOB environment.
5. Once H1 transfer approved, submit a polite cordial resignation letter. If you want a draft PM me. This is important to have a good relationship with your current employer. How ever bad your current employer/manager be. Just be polite.
6. Once they accept the resignation, get experience letters, you might need a corrected letters later once your new employer starts your new GC. The reason why I am asking you to be polite is for that. You might need to contact them again to get a corrected experience letter.
7. Start your new Job.
8. Do a address change if you are moving to a different place AR11. Do it online and make sure to say that you have pending applications that will trigger updates to your I-485, there will be LUD (Last Updated Date) changes. Do it for both yourself and your wife.
9. Now have your new attorney/new company file for G28 - "Change of representation". Along with this you need to submit AC21 support documents.
a. A letter from your new attorney that you are taking a different job based on your I-485 filing and pending for more than 180 days and using AC21 portability. Also he has to explain that your new job is "same/similar" to the job that you were doing. Provide the O*NET job code (Usually in the labor cert) and state that your new job matches with that old job code. Look up your code in this website O*NET OnLine (http://online.onetcenter.org/) and Justify your new title to be matching that. For eg. If your current job title is "Associate engineer" and your new title is "Sr.Software Engineer" an explanation as to why these two job titles are same/similar.
b. A letter from your new employer giving details about your new job and your duties, get those things in line with your current labor job description. And also should include the salary, don't worry about the difference, make sure it it not less than your current labor cert.
c. Include the AC21 memo attached.
d. Include the currently approved labor cert.
e. Include the currently approved I-140 copy.
10. When your new employer is ready to file labor, ask them to provide the minimum requirements for the job be Bachelors with 5+ years of experience or Masters. This is what makes your new job qualify for EB2. The next part is making you qualify for EB2, so if you are from India then make sure your Degree is a 4 year Bachelor degree and you have got 5+ years of experience already. Or if masters it should be 3+3 or 4+2 year Masters, in which the 3 and 4 are Bachelors (BSc, BE, B.Tech)
11. Once the labor is approved, file for new I-140 with a letter requesting for PD port from your previously approved I-140. You need to submit a copy of the original approval not the courtesy copy. I have explained this in detail in a different post, search for posts by my name.
At this stage if your EB2 priority date is current then you can interfile I-140 with the pending I-485. Then no need for step 12. If the PD is not current then you need to interfile when the PD is current.
12. Once I-140 is approved you have to interfile with your pending I-485.
Update: 10/01/2010. I got my and my wife's I-485 approved today. Yes porting from EB3 to EB2 works.
Then regarding the AP and EAD you can use it and your wife can use it. That will not be affected. In fact I got both mine and wife's EAD renewed for 2 years after job change and filing the AC21 documents. Also we have got new AP and traveled to India as well. And renewals of AP and EAD can be done by yourself, don't ask your new employer for all those perks, that will cause the new employer think about your new GC process.
Regarding the GC, just make sure that they agree up on at least on an e-mail from HR and or hiring manager. Don't insist that to be on your offer letter. E-mail agreement is more than sufficient.
Also it is safe to maintain dual status of H1 and EAD, like me and my wife do. That is a safety net just in case.
That is all I have to say.
And Congratulations! on your new job.
Good luck.
Raj:)
1. Get a legible copy of your current labor certification.
2. Get a legible copy of your current I-140, not the courtesy copy.
3. Get your H1 transferred. H4 is not needed to be transferred as the petitioner on H4 would be you or your current attorney. I would suggest you do a premium processing for H1.
4. DON'T give resignation notice until H1 is approved. Your new attorney might say, once filed you can join the new employer. NO don't do that in the current JOB environment.
5. Once H1 transfer approved, submit a polite cordial resignation letter. If you want a draft PM me. This is important to have a good relationship with your current employer. How ever bad your current employer/manager be. Just be polite.
6. Once they accept the resignation, get experience letters, you might need a corrected letters later once your new employer starts your new GC. The reason why I am asking you to be polite is for that. You might need to contact them again to get a corrected experience letter.
7. Start your new Job.
8. Do a address change if you are moving to a different place AR11. Do it online and make sure to say that you have pending applications that will trigger updates to your I-485, there will be LUD (Last Updated Date) changes. Do it for both yourself and your wife.
9. Now have your new attorney/new company file for G28 - "Change of representation". Along with this you need to submit AC21 support documents.
a. A letter from your new attorney that you are taking a different job based on your I-485 filing and pending for more than 180 days and using AC21 portability. Also he has to explain that your new job is "same/similar" to the job that you were doing. Provide the O*NET job code (Usually in the labor cert) and state that your new job matches with that old job code. Look up your code in this website O*NET OnLine (http://online.onetcenter.org/) and Justify your new title to be matching that. For eg. If your current job title is "Associate engineer" and your new title is "Sr.Software Engineer" an explanation as to why these two job titles are same/similar.
b. A letter from your new employer giving details about your new job and your duties, get those things in line with your current labor job description. And also should include the salary, don't worry about the difference, make sure it it not less than your current labor cert.
c. Include the AC21 memo attached.
d. Include the currently approved labor cert.
e. Include the currently approved I-140 copy.
10. When your new employer is ready to file labor, ask them to provide the minimum requirements for the job be Bachelors with 5+ years of experience or Masters. This is what makes your new job qualify for EB2. The next part is making you qualify for EB2, so if you are from India then make sure your Degree is a 4 year Bachelor degree and you have got 5+ years of experience already. Or if masters it should be 3+3 or 4+2 year Masters, in which the 3 and 4 are Bachelors (BSc, BE, B.Tech)
11. Once the labor is approved, file for new I-140 with a letter requesting for PD port from your previously approved I-140. You need to submit a copy of the original approval not the courtesy copy. I have explained this in detail in a different post, search for posts by my name.
At this stage if your EB2 priority date is current then you can interfile I-140 with the pending I-485. Then no need for step 12. If the PD is not current then you need to interfile when the PD is current.
12. Once I-140 is approved you have to interfile with your pending I-485.
Update: 10/01/2010. I got my and my wife's I-485 approved today. Yes porting from EB3 to EB2 works.
Then regarding the AP and EAD you can use it and your wife can use it. That will not be affected. In fact I got both mine and wife's EAD renewed for 2 years after job change and filing the AC21 documents. Also we have got new AP and traveled to India as well. And renewals of AP and EAD can be done by yourself, don't ask your new employer for all those perks, that will cause the new employer think about your new GC process.
Regarding the GC, just make sure that they agree up on at least on an e-mail from HR and or hiring manager. Don't insist that to be on your offer letter. E-mail agreement is more than sufficient.
Also it is safe to maintain dual status of H1 and EAD, like me and my wife do. That is a safety net just in case.
That is all I have to say.
And Congratulations! on your new job.
Good luck.
Raj:)
more...
leo2606
10-20 02:51 PM
Can you please eloborate? Is it because you did not submit the experience or
because something wrong with the submitted affidavits, if so can you please share the info?
Reason for denial was because of experience affidavits...
because something wrong with the submitted affidavits, if so can you please share the info?
Reason for denial was because of experience affidavits...
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NolaIndian32
03-11 01:02 PM
Like I said, call your insurance and check with them.
United Healthcare applied it toward my deductible.
United Healthcare applied it toward my deductible.
more...
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BharatPremi
12-16 12:43 AM
This is for future employement. How much you've got paid before deosn't matter as much. The key is to show evidence you can get paid in the future.
"Ability To Pay" is determined from historical records of employer's strength.
hence it is the MOST important thing and poster is on right track that he worries about it.
By the way have you become a member of state chapter? Have you contrbuted or planning to contribute in recent funding drive?
Thanks.
"Ability To Pay" is determined from historical records of employer's strength.
hence it is the MOST important thing and poster is on right track that he worries about it.
By the way have you become a member of state chapter? Have you contrbuted or planning to contribute in recent funding drive?
Thanks.
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Sakthisagar
10-20 08:55 AM
All Your suggestion will be included , talking points mean should be mainly focused on this points and Please sign up for the Conference so if lot of people talks in the same voice as IV there can be some political chance to pass the pending CIR related bills if not CIR at least Piece meal. Instead of suggesting pleace register and be in the Conference call. We should all talk this points already given and also if you have any other valid and amicable suggestions. But NOT by suggesting by by ACTING alone things will be changed.
more...
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rockstart
05-13 01:23 PM
Try calling customer service and double check it has been updated.
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same_old_guy
07-11 03:13 AM
USCIS has probably allocated those number to all approvable cases. This means cases was approved at the time and but was "approvable" to they keep aside the visa number considering "already allocated".
Man, I am not even convinced what I am writing here ! I would really like to see what this lawsuit is going to uncover. Seems to me that USCIS has totally threw away the field manual along with every other guidelines !
Man, I am not even convinced what I am writing here ! I would really like to see what this lawsuit is going to uncover. Seems to me that USCIS has totally threw away the field manual along with every other guidelines !
more...
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morchu
05-08 01:01 PM
:) haha... so fast... so early...
June 2009 Bulletin is already old news. Lets start predicting for July 2009. I'm bored.
June 2009 Bulletin is already old news. Lets start predicting for July 2009. I'm bored.
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thakurrajiv
07-15 09:26 AM
Count me in.
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houston2005
04-04 08:12 PM
The next thing we will see all immigrants trying to enroll into Ph.D programs
Just try to enroll into a PhD program and then you will realize what it takes to finish a PhD in STEM.
If it was that simple then by now everyone would be in Phd program, just like they are now in IT (no offense to IT people).
Such bills and piecemeal immigration reforms are long overdue and should have been enacted earlier. I commend & appreciate Jeff Flake and Senators like John Cornyn and Arlen Specter who are champions for STEM related bills and amendments. They are atleast bringing some hope to community.
Just try to enroll into a PhD program and then you will realize what it takes to finish a PhD in STEM.
If it was that simple then by now everyone would be in Phd program, just like they are now in IT (no offense to IT people).
Such bills and piecemeal immigration reforms are long overdue and should have been enacted earlier. I commend & appreciate Jeff Flake and Senators like John Cornyn and Arlen Specter who are champions for STEM related bills and amendments. They are atleast bringing some hope to community.
kk27
08-17 10:58 PM
Thanks for all your replies.
So I am assuming that I can still apply in EB3 and possibley change
to EB2 with a different job or a new employer. In that case what will
happen to the Labor Or I 140 . Will it be transfered . Please advise
So I am assuming that I can still apply in EB3 and possibley change
to EB2 with a different job or a new employer. In that case what will
happen to the Labor Or I 140 . Will it be transfered . Please advise
dpp
08-18 04:04 PM
I am also NSC->CSC->NSC July 2007 filer. I just came back from Infopass appt. They took my and my wife's receipt notices and went inside. She checked everything and came back. She told me that our FBI name checks and Biometric checks are completed and everything is clear. It is waiting to be assigned to an adjudicating officer. She said that you can hear from them anytime. There is nothing else we can do now. Just need to wait......

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