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  • va_labor2002
    09-25 12:36 PM
    Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !

    I think it is better to contact him.

    Guys...Any comments ?





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  • milind70
    11-13 08:58 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest

    I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.





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  • alterego
    12-08 04:13 PM
    It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform

    Agreed. However due to the Iraq war. Bush is very unpopular. His conservative base revolted and the republican party did not tow the line and did not support him on this issue, in truth the other side was more helpful than he could have hoped. I agree Bush tried his best, but if he tried in 2001 the result would almost certainly have been different.
    A new president comes with a mandate and some fresh political capital. It just depends on what issue he wants to start spending it upon. Given how controversial and virtually radioactive this issue has become, I would not blame the next president if they started with something else. However if things start to go well then he/she could start pushing for this and he/she could provide political cover for congress on this.
    Our issue ought to be less controversial but in congress, anything pro-immigration seems to be sneered at right now. Everyone is set on this enforcement first policy and don't want to hear a thing else. It is unfortunate.
    All said, we and our issues cannot wait until 2009. We have to push and try to get this done whenever an opportunity come up. Even after 2009 nothing is guaranteed and we might just find that things get worse too, especially if there is an economic downturn.
    That is why we need to push hard now.





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  • Jyotsna
    10-13 11:01 AM
    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.


    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)

    My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.



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  • crystal
    08-16 06:00 PM
    That is incorrect.
    Both are different.
    I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.





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  • roseball
    03-08 09:21 AM
    looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.

    Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.



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  • floridasun
    01-30 11:55 AM
    Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?





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  • sdudeja
    01-12 10:46 PM
    Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
    If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.



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  • gc750
    01-01 04:48 PM
    Did you ever get the reply back from consulate if your visa was approved and did they ask you send the PPT for stamping. Please let me know if that worked out.

    I am stuck in the same position. Went for visa stamping and now they have put me on hold for additional admin processing. I do have a valid AP. I am planning on travelling back to USA on my AP and when the consulate sends me mail to send the ppt I am planning to travel back and get the stamping done. But was wondering if my earlier travel on AP is going to abandone the H1 stamping application.

    Please post your experience....





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  • cygent
    01-06 01:25 PM
    Thank you for your kind words Everybody!!

    gc28262: I don't think $485 on AOS is out of the question! It feels like I have been infused with energy and so am able to better focus on career/future.
    seahawks: True
    pappu: You are welcome



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  • sachuin23
    03-19 02:20 PM
    Mine was filed in Jan and still waiting :).....





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  • m306m
    12-12 01:43 PM
    1. To travel out you won't have a problem. Just ensure that the ticketing agent takes the expired I94. Your really don't need the copy of your I485

    2. You can travel through any country but most countries ie. UK, France etc. will require you to apply for a trasit visa (that can take some time) In your case I would fly direct from NY to India. There are flight that also take you direct to Dubai and then you can fly Dubai to India. Try and skip Europe that will save you money (in visa applications) and time.

    Now when you come back to the US you MUST have either a valid unexpired H1B visa stamped on your passport and/or you will have to carry your Advance Parole (make sure you have 2 copies. Do not relinquish your orginal. The INS officer at the airport will retain a copy). Also it is recommended that you have your I485 receipt info with you and a copy of a letter from your employer. I recommed that you get a full list of items that you need to carry with you from your lawyer so that when you come back you don't have issues at the POE.

    Have a safe trip :)

    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.

    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.
    Sree



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  • fearonlygod
    10-03 12:29 PM
    Thanks..Guys for suggestions....

    I wanted to confirm that you complained in DOL while your transfer was pending or once it got completed....My only concern is that my transfer is pending....and if i complain that basted could cook something...?

    Any responses will be highly appreciated...





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  • perm2gc
    06-30 01:03 AM
    I was listing to NPR Diane Rim show. Not sure who guests were. But When Diana asked if there is any chance that bill might come back.. He said, no bill won't come back but there is chance that some pieces of immigration may come in seperate pieces in around sep. He did say some bill might come for High skilled.. He gave example of Bill Clinton's health care immigration bill.

    Anybody got chance to hear to NPR today?
    i heard it



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  • neoneo
    07-17 12:26 AM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?

    Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>


    check it out with ur attorney.





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  • sc3
    10-07 05:40 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Do you have an unexpired visa? If so, just traveling out of US and coming back through port-of-entry should do the trick. For best results, try an airline travel. YMMV.



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  • raysaikat
    04-17 12:46 AM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Here is what I understand, but make sure you seek professional opinion before making any move.

    He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.





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  • h1b_professional
    08-17 09:17 AM
    Its Aug 17! even though most of us do not have receipt yet, we can forget about refiling





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  • EkAurAaya
    06-01 06:18 PM
    It doesnt matter at what day you apply, there are a lot of applications "pending" from before that will take up the "available" visa numbers, we still have to go through name check and other stuff that takes forever :D its a black hole all you can do is pray and hope your application gets looked at soon and the visa #'s stay current for atleast another 3 months.





    insbaby
    08-06 02:36 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    For EB3:
    ---------
    You get married
    ************* Apply in PERM
    First Kid
    ************* PERM approved, 140 Filed
    Second Kid
    First Kid goes to Pre-K
    ************* 140 approved, waiting for PD
    Second Kid goes to Pre K
    You buy a Home
    Kids going to High School
    ************* PD is CURRENT, appy I485
    Kids going to College
    Kids graduated
    Kids getting married
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"


    For EB2:
    ---------
    .......
    .......
    Kids getting married
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife





    hopefulgc
    03-14 10:09 AM
    Ask for 3 year validity also.
    Also if the guy is renewing ead/ap, it can and should happen electronically.



    Guys,
    I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
    Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..



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