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  • HV000
    04-15 10:20 AM
    CONGRATS! One more approval from TSC.





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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!





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  • raj131982
    04-13 01:03 PM
    Thanks for the response.

    So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.

    And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?

    How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.

    Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.

    Your help & advice greatly appreciated.

    Thanks





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  • satyasaich
    07-03 02:16 PM
    It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
    However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice

    by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)


    I heard Changes must be made in I140 to do Consular processing from I485



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  • leo2606
    01-09 11:44 PM
    Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.


    I would have said 2020 but as you are not part of India or china may be 2015.





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  • Humhongekamyab
    07-17 10:54 AM
    VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?

    I think they are doing the right thing. We all should let them work on our cases instead of calling them. We all know how productive they already are. Calling them does not help them or us.



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  • lotta
    07-18 03:01 PM
    Hello guys,

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!

    I-140's do not have an expiration date.





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  • alterego
    09-15 02:53 PM
    Come on let's be positive:

    EB2 will move to December 2005 within a year.
    EB3 will move to December 2003 within a year.

    POSITIVE is good for the soul REALISTIC is more important for planning.



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  • chanduv23
    01-07 01:10 PM
    We expect people to decide whether they would like to come forward with a sense for the community.

    So please come forward if you care. We are not expecting anyone to be a die hard IV volunteer, but to express your support and your commitment and your help in nay manner.

    IV is your/our organization and we must have a sense of oneness.

    We stand for unity, peace and strength. Lets all unite "wholeheartedly"





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  • EndlessWait
    07-05 03:11 PM
    Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.

    75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)

    Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.

    I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.

    just my 2 cents.
    pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.



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  • papajon
    06-18 02:39 PM
    I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.

    Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.





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  • eb2dec2005
    02-24 06:30 PM
    First speak to your employer if they
    a) sent a cancellation for H1B
    b) If they received any notice from USCIS/request for information or if they have any information about this
    c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.

    Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them

    - good luck
    kris

    I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.

    thanks for your advice.



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  • manderson
    01-19 07:41 AM
    Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?

    http://www..com/usa-immigration-trackers/i140-graph/





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  • waitingnwaiting
    12-10 08:10 AM
    Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
    Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.

    You are EB2 and should be very happy. Imagine the pain of EB3 guys.

    You will get your greencard in no time.

    If you are depressed and frustrated in EB2, what do you think EB3 is?



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  • neoklaus
    11-01 01:44 PM
    EB3(ROW)

    NSC ( I 485, EAD, AP)
    Receipt: Aug.16
    RN: Oct.1

    FP(notice): Oct.22
    FP: Nov.9

    EAD: me+child:Oct.24
    wife- not yet

    AP: nothing





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  • nonimmi
    05-30 02:52 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?

    Gotta clear backlog Ma' :D



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  • number30
    10-31 04:06 PM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.


    Yes I thought the same.
    I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
    That year he was laid off and had very little income So he took the money.

    Hope he will not have any trouble.





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  • HRPRO
    02-03 01:28 PM
    In addition to the job requirements reading the required experience, the job description has to spell out the required experience and the job description has to justify the required experience.

    Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.

    More importantly ensure you can get the experience letters to back the experience listed in the JD





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  • ghost
    11-16 01:36 PM
    DREAM Act should actually be called DREAM ON Act... its been hanging in the air since 2001 . Next year it will complete its decade of political verbal support and all its supporters can be happy that it survived another year.

    Any politician supporting immigration bills this year is not going to be in office next time.

    Good one! We see a lot of speculation here on open forums...there are much more realistic updates available on the donor forums...I just wish people don't waste time on speculations and mis-information floating around. Good luck to all of us!





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    VisaHelp
    07-26 09:21 AM
    Sounds good, but I didn't apply for an extension. Do you think that makes a difference? I applied to TRANSFER my H1 from company A to company B. While waiting for the transfer my H1 expired. First of all, I didn't think I could apply for an extension while waiting for the transfer. But, even more importantly, I was told by my lawyers that I am not eligible for an extension because I applied for a green card through family, not employer.

    I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.

    In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"

    RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)



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