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  • GCWhru
    05-28 01:35 PM
    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....

    I think you are fine having a Dec 2006 priority date, you can take a risk, probability of getting approval is less than 1%.

    One of my friend with Sep 2003 PD, getting married on August and he is taking risk and praying God that his GC should not get approved before his marriage.




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  • patfanboston
    03-04 11:19 AM
    What the f*** is she trying to say????




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  • gc_on_demand
    04-04 10:41 AM
    I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?

    When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.

    If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.




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  • priti8888
    10-17 07:17 PM
    In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.

    thats not true..AC 21 does'nt deny a promotion..Since it takes over 5-7 years to get GC approval, most of my friends got their GC when they were project managers/product managers but started as applications/network engineers.



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  • rockstart
    02-20 07:14 PM
    I submitted my passport renewal in december 09 and received my new passport in feb 10. Exactly 3 months to the date. Its a pretty slow process. Initially they gave me a Jan date to pick the passport ( I did not personally not via mail) and when I went there they said they had not received police clearance from India (no change in house or any info from old passport) but good part was they said they will call me when the passport is ready and they did call. Other wise there is no way to contact them. The phone just rings and rings and message box is full.




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  • zzsbzz
    07-14 02:30 PM
    FWIW, a big technology company's lawyer are sending almost 1100 applications.

    Yes. I'm not sure if you're talking about the same big technology company but one decided to go ahead with filing applications for all it's eligible employees on Thursday.



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  • hmehta
    07-14 10:32 AM
    Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)

    My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.

    I would ask you guys to consider filing especially if your PD is in 2005 or later.




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  • chtting2me
    01-02 07:32 PM
    Still waiting for FP. Filled on 19th July @TSC



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  • gccovet
    04-17 10:19 AM
    it is on the approved labor certificate, that my lawyer gave me

    How to find associated SOC code with DOT code (DOT code is on LC certification, OCC code , Ind COde and OCC title is on certified LC)? I tried to find my case in the MS Access databases (from year 2001 to 2007) but could not find my case at all. My PD is May 2004, and LC certified March 2006(was sent to Backlog Center in Dallas), which MS Access database do I need to look into?

    My title on LC is programmer analyst (OCC code= 030.162-014), read thru the forum replies, found that programmer analyst have OCC code= 030.162-014 and SOC code=15-1031, most of them found their SOC code from MS Access database(some found in their Certified LC??? ). I am presuming my SOC code to be 15-1031, but wanted to confirm that. I am debating on invoking AC21, but need to make certain SOC code matches with future employer (future employer gave me job code as 15-1031) as my future title will be totally different (instead of programmer analyst, it will be IT Business Specialist).

    Any help/hint will be highly appreciated.

    Regards,
    GCCovet




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  • mihird
    07-11 05:29 PM
    www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.

    Dude, don't accuse me of anyting...I never said its a government site, although it does look like one - now that you are telling me that it not one - thanks for clarifying...


    I think, the emails would still go to Bush/Cheney...



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  • mhathi
    04-30 03:39 PM
    Category: EB3 (Regular)
    Applied: November 20th, 2006
    approved: April 12th, 2007.




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  • raysaikat
    03-17 03:53 PM
    Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
    I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
    Here is my petition break down
    1-140 filed-May 2009
    !-485 filed June 2009
    EAD/AP Oct/Nov 2009
    RFE on 140 -Feb 9 2010
    Responded to RFE - Mar 11 2010
    Denial posted on Mar 15.
    Would filing the I-130 affect the refiling of I-140?

    Appreciate inputs provided

    See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.



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  • ivorycard
    10-17 09:27 PM
    I had a conference call with the leading law firm.

    He confirmed that, as long as the first two numbers falls under the same category/domain, the job changes is good for AC21. The sub-categorical numbers do not matter.




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  • kaisersose
    07-24 03:07 PM
    ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.

    I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(

    Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.

    Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.

    If they say you have to start afresh, then you can consider packing your bags. Good luck!



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  • CHHAYA
    04-28 12:47 PM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)

    I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?




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  • SGP
    03-25 03:02 PM
    Congratulations on your freedom.

    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.



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  • prinive
    03-27 04:15 PM
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  • sreeanne
    02-04 05:30 PM
    Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.

    I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.

    Do we need to report the same if kid has india visa for 10years?

    I am not sure how far this is true? Can anyone guide on this.

    ~Sree




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  • mrdelhiite
    07-26 02:29 PM
    Thanks for your answers. I have already asked my friend to join IV.

    Is there anyone who has recently filed labor - PERM ? Can you share your experience?


    -M




    hdblue
    04-18 03:10 AM
    diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.

    getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.

    By the way, is it required to send 2 letters from each employer?

    Hi,

    Thank very much for posting. I have got some my experience lettter. I want share to this thread. I'll share soon again.

    If you want to do more info, you also visit at: Experience letter (http://experienceletter.info)

    Take care.




    pthoko
    05-31 09:30 AM
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    Join Date: Mar 2006
    Posts: 2,042
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    Default May 31, 2007
    May 31, 2007
    Dear Immigration voice members,

    We have made good progress in our membership base over the past 2 weeks. We are now more than 13,320 strong. Our members are our greatest asset and our grassroots efforts make us unique. It would be in the best interest of this community to use our energies by telling more people about this effort so that more members could join this effort.

    During the past 2 weeks we had about 20 media leads due to the efforts of our members and the media drive. This has translated into about 10 media interviews that are mostly on a national scale. There are some more media interviews in the process and we hope to have them published soon. Let us continue this media drive with enthusiasm.

    Our webfaxes, phone and email campaign has also been working. The response to it has not been as per our expectations yet. However even with limited participation we did hear comments about our campaign from some Senator offices. Hope more members take part in these campaigns. There have been some technical errors faced by few members this week. We have solved those iissues.We are also now going to pay more for a �Premium� service (3 times we pay now) so that the webfaxes can be sent smoothly without �backlogs� in the system.

    Its been more than a week since we started our funding drive for the CIR bill in Senate. We want to go all out with all our might and resources to get our provisions in the new CIR bill. As members have already seen how much this bill hurts our interests and if we do not do something ourselves we do not have much support from outside. The H1B increase provision has much attention, support for various lobbying groups and opposition at the same time from various anti-immigrant organizations. However our provisions and cause require much needed attention and support in order for us to succeed. Our cause is just and few technical changes can very well fix the problems faced by 1.1 million high-skilled applicants waiting for their greencards. For most lawmaker high skilled immigration issues only meant increasing H-1B numbers. Most lawmakers are now aware of employment based green card issues and are aware or organized effort called Immigration Voice. We have been able to convince large technology and healthcare companies/groups to recognize that employment based green card delays is a massive issue. But this is not enough for our provisions to come on the floor and be passed. Tremendous investment in lobbying efforts is required in the current CIR that is a disastrous bill for our community.

    There is a possibility that some of our provisions may get included in this CIR. Some of the amendments on Thomas already have some of our provisions along with H1B provisions. However the chance of those amendments passing is not certain.We are working hard to get something done. IV team is committed to explore every possibility and actively working towards that end. But please understand that it is not easy to get something done. There are hurdles we face due to the politics of the situation and intense lobbying of anti-immigrant organizations that are well funded. This is a hard reality. To get something done, it is of utmost importance that more members actively participate in this effort, contribute again and get new members to join and contribute to Immigration Voice. Each member visiting this forum needs to understand that it is your responsibility to actively participate in this effort because this is your effort, because this effort will solve problems that are yours and mine.

    Due to the hard work of immigration voice and its members over the past 1.5 year, many lawmakers are now ready to listen and do the needful for us. We are also working with several like minded organizations and groups to help our community. But that is not enough to get our provisions passed with a majority vote. It can be because we have not yet done our part to the extent it is required to collectively petition lawmakers with our grievances. This is one more reason why more active participation and contribution is required.

    The point is that Immigration Voice is doing everything that is possible. IV Core team member�s green card application is also pending and like other members, IV core team members are very passionate and motivated about solving the green card problems. We work hard during our regular work hours and on weekends, take vacations to travel on IV work and pay for the trip from our own pockets. We do this because we are also in this greencard mess like everyone else, and we feel responsible and commited to this effort. We all know that it is difficult to change things in Washington, especially when we are a small group. But we have experienced that it is possible that we can get our provisions passed. Immigration Voice needs more resources and this effort needs more active members. To achieve this, we need more resources in terms of contribution from all our members. (Note: Immigration Voice is Tax exempt under section 501(c)(4) of the Internal Revenue Code, since Immigration Voice is not an organization as described in section 170(c) of the code, donors may not deduct contributions that have been made) Immigration Voice would appeal all new members to please contribute and of the members who have already contributed in the past to please consider contributing again.

    With all our hard work over the past 1.5 year, we are well poised to make a difference and represent the high-skilled immigrant community in DC. Media also calls us for comments on any Immigration related news story. Other organizations and groups contact us for collaboration and to seek help. Many lawmaker offices now know us and our cause. And there is a lot that has happened since we started. Most of these things we are not able to disclose on the open forums. But please understand that we need more funds to continue this effort so that we could all see our provisions into law. Immigration Voice is not about one, five twenty of fifty of us. It is about all of us currently in the queue and those that are about to join the queue. Lobbying is very expensive and if we have hired the top lobbyists there is to help us, there are investments we need to make for it too. Now, if this is any indication of how far we have come, I assure all members that we can do it, together.

    In the past 2 weeks we got contributions ranging mostly between $10 - $100 and few $200 from roughly 100 members. I�m sure we all can do much better than that. Such amount can at best support hosting this website, pay for webfaxes and buy few hours of lobbying time from the best lobbyists there is in this country. Lobbying is the most important part of our effort and it can make a difference for our provision. Getting an amendment from a Senator�s office on Thomas is not our aim. We need to work hard to get it on the floor and be voted by a majority. This is a big task and huge lobbying effort is required if we have to go all out to get something done in this CIR bill.

    Please be assured that IV core team is doing whatever is possible with the limited resources. And regardless of what happens in the next few months, Immigration voice would urge all members and readers of these forums to please contribute to this effort. Because what IV core team will be able to achieve will ultimately depend on how much trust you put in this effort.

    Your IV team



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