Thursday, June 9, 2011

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  • ivy55
    08-19 09:52 AM
    I got my first FP on July 31 2008- code 2 after waiting one year. Then on Aug 16, I got another FP for Code 1. no LUD yet
    Thanks





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  • nkavjs
    11-15 10:04 AM
    Lynne,

    I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).

    I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.

    DPP

    Hello : Pls. include me too. I am from Indypls.. (from Fishers)
    Thanks
    RPH





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  • mrajatish
    05-25 11:08 PM
    My personal thanks to QG&A - but the battle is still not over, this is just the beginning. We need QG&A more than ever.





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  • chanduv23
    02-24 09:27 AM
    Thank you theshiningsun and chanduv23.

    Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

    I want to clarify little more.

    1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

    2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?

    Here is the whole meat - I have written about this probably 200 times.

    You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.

    If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.

    Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.

    In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.

    AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.

    Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.

    Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.

    If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.



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  • meridiani.planum
    04-06 02:24 AM
    I believe the general line of thought is any time between 6 to 12 months.

    But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.

    But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !

    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.





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  • adumas
    04-17 05:51 PM
    Hi,

    I'm in the same situation as Sahil.

    Was told by my company's HR that a certain percentage of PERM applications are pulled for audit. Now having enough staff available to audit, means months and months of wait. For that reason, my application of late September 05 can take a year while someone who applied in December can take only two months.

    I'm soooo not surprised....



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  • spicy_guy
    04-07 11:49 AM
    Tech firms warn of impacts of tight visa quota - MarketWatch (http://www.marketwatch.com/story/tech-firms-warn-of-impacts-of-tight-visa-quota-2011-04-07?siteid=rss&rss=1)





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  • gceb3holder
    02-27 08:09 AM
    Right, the problem is: I do travel a lot and that makes a part time job difficult to find....

    Other thing, the 6 months, is counted from the receipt date or the approval date?



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  • gcnirvana
    11-14 07:44 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

    It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.

    As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
    Just my 2 cents...

    Good Luck!





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  • peer123
    04-03 04:24 PM
    Hi All,
    I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.


    1. Did you find have any issues when getting 485 approved.

    2. Did you file AC21.

    3. Does the job responsibility has to meet 100% word by word.

    4. Has any one you applied for EAD extension on your own.

    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.

    Thanks
    Peer123



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  • skark
    08-22 11:04 AM
    All the people that got the EAD approval have their pending I485 in the same service center where they applied for EAD renewal...does this have anything to do with their fast approvals?

    This is so depressing!
    :(

    I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!

    Is anyone else in the same boat got their EAD approved?
    Did I send my application to the wrong service center, I live in North Carolina?

    I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!

    Please advise :confused:





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  • singhsa3
    11-15 09:56 AM
    As I've said earlier. IV is you, you are IV. If you are in the similar situation as we are and by expressing your desire to do something about it, you automatically become a member of IV.

    But we do use this yahoo group http://groups.yahoo.com/group/immigrationvoiceny/
    to communicate with our members. So please sign up...

    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks



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  • partha_vus
    02-13 05:19 PM
    Hi,
    My PD Jan 2001( I ported PD - NOT SUBSTITUIE). I filed on July 2, 2007 for 485. I don't see any LUD's. Any guess what might be ahppening with my case.

    thanks,





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  • psaxena
    02-04 04:21 PM
    Hi, Everyone says I am in and I am in . no one says how and when.

    So I decided to step up for this. Guys please send the list of the members with contact information who are willing to meet & greet. I'll then plan for some place to get together.

    We are just a few indians in AZ , atleast we should meet and it will be good social networking and also will be a big step forward for the cause that we all are together at this portal.

    All the best, looking forward to meet everyone.



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  • prioritydate
    07-28 12:43 PM
    My prediction for this year..

    EB1 = Current
    EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
    EB3 = U

    It doesn't make sense to push back again to Jan 2003 for EB2. It's been there for over an year and all of them who had that priority date would have applied and gotten their GC.





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  • reddy77
    09-26 12:21 PM
    Applied on July18th NSC , got the receipts, but no update on AP or EAD, No LUD's too ..



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  • lj_rr
    07-23 10:48 PM
    Indian Citizen GC holder is working in US since 2006 and has GC since 2006.
    Spouse works in India and they had arranged marriage in India in July 2007.
    So the Indian Citizen spouse has never been to US.
    Let me know if you need more info.

    If someone got green card here and got married to Indian citizen, I am not sure how to ask this particular question. She must have seen that guy some how, if so when and where? If that guy had come to US, then he could come again in whichever visa he came in. Also where did they get married? There are options, but certain questions needs to be answered.





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  • Milind123
    07-26 10:29 AM
    ags123, not to alarm you, but is it possible to apply now for your wife? Since you already got your 485 approved and crossed the proverbial line into the gc land.





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  • factoryman
    03-15 11:30 AM
    through whom I filed my first year taxes in US, that you don't need to declare if your mail-in rebates, apartment referals don't cross USD 1600. I haven't read anything that this has changed.
    Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.

    I hope someone out there in a similar situation can help me out.
    I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
    I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
    Any comments or tips are welcome.





    Jerrome
    11-30 11:36 AM
    What is your PD and nationality. without this information nobody can even GUESS how it happened.





    satishku_2000
    10-05 07:03 PM
    "How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"

    Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.

    Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...

    One can present a contradictory argument much more eloquently too.

    You have to keep in my mind that "there is no premium processing available for 140 now".

    Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....

    Good luck with your journey .. you have a pretty long road ahead of ya



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