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Sunday, June 26, 2011

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  • suhanya
    08-15 04:47 PM
    my non-lawyerly suggestion: do not file ac21 until well into whichever job you takel

    I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.

    by the way, what is your PD?
    hope this helps.

    My priority date is Feb 28 2005

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  • a1b2c3
    08-18 01:27 AM
    how does one know NC is cleared? do you see an update?

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  • itsmedude
    02-12 05:56 PM
    You are not responsible for his losses unless your job duties were to collect payments from the vendor.

    Did you not give him any notice at all? When did he find out that you were no longer working for him?

    No I did not, I put H1B transfer and joined new company later he found out and i told him over phone i joined another company but my H1B with his company is still active.

    do you thing this would be a problem?
    There is no such agreement with him that i will have to give 15 day notice like that.

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  • gimme_GC2006
    08-21 11:14 AM
    Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.

    Are you planning to take action against attorney as well?
    Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.

    I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?

    Also, please post attorney's details also whenever you think its time to disclose



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  • srgadi
    07-04 08:21 PM
    Aren't we over-estimating the overall $$ loss? Assuming we will eventually file for I-485, some of the fees that other members are mentioning are not really a waste.

    I spent about $2500 in attorney fees but I do not consider this a waste. The next time I file for my I-485, all my paperwork is ready and I am assuming my attorney won't charge me again (atleast not another $2500).

    I spent $360 for medical but it is valid for 1 year. If by any chance I can file for my I-485 within the next year, this is not a waste.

    Filing fees are all going to come back. So it should not be counted as money spent. Photos would also come back (hopefully).

    Only $$ loss I see as of now are the fedex charges and other micellaneous spendings. For me it is around $500. Not so bad....

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  • sanbaj
    05-05 03:26 PM
    Here is my situation:

    Company A:
    EB2 PD Aug 2006
    140 Approved
    485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
    Still working with Company A and intend to work with them for another couple of years.

    Company B:
    EB2 PD Nov 2005 (Substitution labor)
    140 Approved.

    Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
    I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
    Do I need any kind of document from Company B like employment letter in future ?
    Does the PD need to be current to interfile?
    Do I need to work for Company B?
    Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
    I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
    How would I know that interfiling process completed successfully?
    If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
    If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?

    Thank you everyone..
    My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.

    If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.

    I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.

    Hope this helps.


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  • cbpds
    07-09 11:04 AM
    Guys, there is real substance to what oscarzumaran says as well......

    It is not fair to shout at him unless u understand the issue bereft of any emotions.

    I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.

    Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.

    If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.

    We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law

    IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed

    How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.

    Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.

    I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)

    No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.

    President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?

    Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.

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  • veni001
    06-07 12:41 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.

    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:


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  • diptam
    08-16 02:46 PM
    I know you didn't advise me/anyone - I too expressed my view.

    I still do NOT understand how a USCIS error can prevent me from re-applying !! There was a Post yesterday at IV by a gentleman from IOWA who called Up USCIS and they confirmed that it will be accepted. I PM'ed him because i was not sure if IOWA allows you to Voice-record "evidence" - He told me that USCIS recorded the call as a general Practice.

    I doubt they will release their own recording to be used against them and also they says we "may" record for "Training and Quality" purpose.The best Option would be if we take Permission from the CSR and record that conversation at our end - I can't do that because the STATE i live dont allow that.

    I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.

    Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.

    If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.

    Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.

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  • makemygc
    07-06 06:29 PM
    Just like USCIS, they duped us at the last moment.


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  • dineshksharma
    07-13 01:36 PM
    "Long Journey. Finally GC
    by J2GC
    Hi Guys,
    After a long journey of more than Sixteen years in this country, I finally received my GC.
    In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
    Applied for EB1 and NIW in July 2008.
    My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
    Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
    During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
    The main problems were:
    Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
    Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
    Could not go to certain occasions, like death of very close family members, weddings etc.
    However, I kept my cool and prayed and got lot of support from Immigration voice.
    As a small token of appreciation, I am donating $500 .(and will keep on supporting)
    We all are going to get GC, some sooner some later. Just keep on doing you job.
    Thanks you all for all the information and support.
    J2GC (J-1 visa to GC)"

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  • LostInGCProcess
    11-02 02:33 PM
    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

    However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

    By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.

    Not a legal advice.
    US citizen of Indian origin

    You are the best!!! You are like the last word one could rely on.
    Big fan of yours!!!


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  • gapala
    03-03 12:40 PM
    Can you guys guess, why isn't there an update on this thread after the visit?
    Do you think we will ever see an update from OP?

    Hope, all have gone well with this guy and soon will see update on the visit. :)

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  • eb3retro
    01-13 03:40 PM
    u know what, gcseeker2002 is correct to the dot. we do not need a transit visa while coming thru germany in lufthansa. no one even mentions that word. i called and emailed the german consulate b4 i flew out of US, all people including german consulate, travel agent (2 of them),, mentioned that i require it and still i travelled back without it. no one mentioned that word. trust me guys, u wont require it, i just came 10 days ago just with AP.

    NOTE : I also recd such emails from German consulate.

    Hey gcseeker2002, after 300+ postings also how can you post such a thing.

    This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.

    To All Who believe no need to have valid VISA while going back to India or their country.
    This is email got from German Consulate at Washington DC to my collegue.

    German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.


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  • Guig0
    02-04 11:06 AM
    some use m$paint, others photoshop or fireworks.

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  • vdlrao
    06-04 06:08 PM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.


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  • satishku_2000
    12-12 02:06 PM
    Can you calculate for september 2004 :)

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  • rockstart
    03-14 07:05 PM
    Can some one provide statistics of letter received by IV

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  • mbawa2574
    07-06 09:02 PM
    Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D

    02-27 05:13 PM
    Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
    you are just telling us your side of a photoshopped story.

    Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.

    Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?

    to make matters worse, you stayed illegally in a country and did not follow the rule of law.

    05-15 01:39 PM
    That was a great post from "snathan" and a very touching one as well. Thanks dude.

    I see few comments saying otherwise and even pushing "snathan" to pull back his original post. But the way I see it, "snathan" never adviced or forced it on anyone. There are always good and bad things everywhere and upto the matured minds to see what to take and what not to. But to deprive someone of that piece of advice or information or a story for that matter, is what I would term it bad.

    Well, if this arrived too late for someones current relation, it should definitely help the next one. After all life doesn't end until the last breath.

    Also thanks to Mbhai too. Though meant to criticize, still had the "snathan" posting in quotes. Otherwise many like me wouldn't have had the chance to read his post. Again I am not saying Mbhai and rest others who criticized did anything wrong. They again free to share there opinion but could have avoided pointing directly to someone ( no harm ). All here are matured enought to see whats good/bad and what to take/not.

    No harm intended against anyone in this post. Take it all easy guys.

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