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  • nvmurali
    06-02 04:39 PM
    You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.

    Hope it helps.


    _________________
    Not a legal advice.

    Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)





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  • Googler
    02-14 04:24 PM
    "Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
    (1) never been authorized by Congress;
    (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
    (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.





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  • JunRN
    08-14 03:14 PM
    If it was received but no checks cashed yet, I would re-file.





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  • hopefulgc
    01-04 02:24 PM
    sort ascending by pd.
    Pick all that are current and all processing is completed.
    Then, sort ascending by receipt date.
    issue gc.



    hi i have a question here:

    suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
    Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
    so whose application processed first? is x's or Y's for final GC process.
    thanks for your answers.



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  • wandmaker
    10-28 12:11 PM
    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.

    USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.





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  • santb1975
    05-17 11:00 PM
    Thanks a lot


    My $100..

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  • willigetgc?
    11-15 09:14 AM
    I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:

    1) Is the slow movement due to so many cases in field offices not yet reported?

    2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?

    3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?

    Theories are welcome.

    1. Yes, It is be possible that there are many cases in the field offices that are not counted
    2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true





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  • aka
    05-17 07:09 PM
    Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!

    I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:

    a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)

    b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.

    c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.

    Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.

    Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!



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  • msgoud
    03-09 11:30 AM
    new developement is that HYD consulate called him for rare second interview,atleast that the email says
    any idea what to expect,it seems that they want stamp visa cancelled
    should we expect any different





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  • gcgonewild
    10-08 04:26 PM
    In US the nice thing about SSA is unemployment and disability security.
    But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.

    In India, the best part is 100% compulsory employer contribution. But
    Indian PF sucks with rising inflation and lack of accountability.

    And we all know how the employers would "Package" their "contribution".

    This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.



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  • sanju
    02-03 06:22 PM
    Thanks! And no, I have not gotten my green card, not even close!!

    However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?

    Because data you are referring is incorrect and fake. Data you are referring is produced by a business to make people come to that site.

    And, if you seem know the answer, then why are you asking? Sorry that I wasted my time replying to your initial post.


    .





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  • GlobalCitizen
    08-21 01:16 PM
    Gurus,
    I need help please!

    My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.



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  • met3259
    10-10 04:32 PM
    Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.

    For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -

    I also just got GC

    I think that in this case this person can "move on". HOWEVER - I would retain STRONG DOCUMENTATION that this is not your choice and that the consulting firm is letting you go!

    We need to understand this as a group and my attorney tells me that: I am being brought into this country to do this job - I can not simply leave the next day after getting GC on my own accord (unless in very similar job -- as in this case); BUT this is a grey area where we must spend "some" amount of time in the job we are being brought in for -- six months? 9 months? 1 yr?

    My attorney has indicated 6-9 months is reasonable to move on to something completly new (as I have been doing this job for 6.8 years and am tired of it).

    Help anyone???????





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  • FinalGC
    10-24 11:19 AM
    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....



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  • leo2606
    08-12 09:25 PM
    Last week lot of people got LUD as 08/05/2007 and no one got any receipts or checks cashed.

    I don't think it means anything at this point.


    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?





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  • mikemeyers
    11-07 03:16 PM
    Thank you all for replying..so in your opinion first thing i should is to contact school..then wat are my next steps..



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  • ambals03
    03-10 04:54 PM
    I transfered last week, I got msg saying it has been remitted today. No issues.





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  • rockstart
    07-07 08:30 AM
    Is your PD current? Can you post details just wondering in case your PD is not current is USCIS still working on your case and preparing for future.

    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.





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  • Sushie
    08-17 02:43 PM
    Thanks redcard,
    Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?





    Sushie
    08-17 02:27 PM
    Please update your profile, only then someone be able to answer your question.
    Thanks for your message harrydr..
    The profile details questionaires is mostly about the permanent residency which is NA for me.
    Is it mandatory to fill in all details to get the response for my query, please help as I'm new here.

    Sushie





    sunny1000
    06-19 07:12 PM
    The below thread has a lot of info.

    http://immigrationvoice.org/forum/showthread.php?t=16145&highlight=PIMS



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