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  • go_gc_way
    05-13 10:25 AM
    That's really an idea , need a thought by all... pros and cons.

    Specially a forum like IV, and then I believe it will be another effort to get it there.

    Given retrogression has some what a known issue, does any one think ... this will be mentioned any way in the address.





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  • marlon2006
    06-13 03:22 PM
    Hey Renata,
    It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.

    Since my wife couldn't work, we had a baby back then.

    Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)


    South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
    He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?





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  • Bpositive
    01-05 12:12 PM
    Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...

    Anyone?





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  • anilsal
    07-16 07:21 AM
    i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.

    The reason consulates in the US take 50 days for PCC is that they send the request to regional Passport Office in India who take like 45 days. So you may probably apply at PP office in India and get the clearance.



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  • simple1
    10-06 03:17 PM
    Troll alert. Avoid responding to these posts.

    I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
    How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
    I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

    I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

    Does any one else had same experience?





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  • addsf345
    10-29 02:18 PM
    can anyone answer this

    I know a person who had to leave his employer only after 60 days of filling his 485(not even 180 days for ac21) and still got GC.

    There are thousands who already working for new employer using AC21 after 180 days.

    and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?



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  • nyckings
    10-15 12:44 PM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks





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  • aamchimumbai
    09-04 11:46 AM
    That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

    This is my understanding....

    My main question is:

    Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?

    I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.



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  • vnsriv
    11-14 02:32 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    NO





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  • eyeopeners05@yahoo.com
    06-02 01:36 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?



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  • sammyb
    03-24 01:51 PM
    is there any recording/archive available of the program .... all online radio sites are blocked in the office firewall :o





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  • vedicman
    01-20 01:46 PM
    Any EB3 here?
    Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)

    Even your link does not provide which category these immigrants came from - possibly because employment category did not exist, they came early in childhood with parents......

    Besides stop creating the rift between the categories in this forum!

    Einstein - Germany
    Madeleine Albright: Czechoslovakia
    John Muir: Scotland
    Joseph Pulitzer Hungary
    Felix Frankfurter: Austria
    Martina Navratilova: Czechoslovakia
    Irving Berlin: Russia
    Saint Frances X. Cabrini: Italy
    Mary Harris Jones: Ireland

    Edward M. Bannister: Canada
    Rita M. Rodriguez: Cuba

    Ieoh Ming Pei: China
    Subranhmanyan Chandrasekhar: India
    David Ho: Taiwan
    Ang Lee: Taiwan

    Hakeem Olajuwon: Nigeria



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  • Siddharta
    09-26 12:02 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks





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  • rsdang
    11-17 02:43 PM
    I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

    As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

    Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

    I have had a valid H1 and AP for a while now and travelled on AP without issues.

    Hope it helped.



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  • pd_recapturing
    08-22 05:07 PM
    I sent u another PM, pls respond whenever u get a chance.





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  • munnu77
    04-06 10:56 PM
    If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.

    i agree immiration-law has not updated...
    see cnn at 11 30 pm ET...
    http://www.cnn.com/2006/POLITICS/04/06/immigration.ap/index.html
    http://www.msnbc.msn.com/id/12184299/
    http://www.foxnews.com/story/0,2933,190770,00.html

    they update every half hr



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  • desi3933
    05-15 04:10 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.

    He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.

    My understanding is that beneficiary must be in-status at the time of filing for change of status.

    Thanks!





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  • obviously
    08-04 11:45 AM
    Thanks for the 2 quick responses... albeit, opposite in recommendation :)

    1. No need to file new I-485
    - Has anyone done this?
    - Any risks that we should think about?

    2. File new I-485
    - Has anyone done this?
    - Apart from the additional cost and document preparation time, is there any other downside?

    Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.

    Appreciate any responses or assistance!!!!

    Cheers!

    I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.

    When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.

    You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.

    You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.

    The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:

    (e) Retention of section 203(b)(1), (2), or (3) priority date. --

    A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.





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  • gee_see
    10-19 11:04 AM
    Could you point out some sites where salary issue is mentioned (impact of decrease in salary for AC21)?





    jonty_11
    01-15 12:07 PM
    Problem is it will be another $500 expense (Test plus air Tickets) as the test center is not in my state/city.

    I do have a Masters from US and 6 plus years expirience in US.
    I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...





    justAnotherFile
    11-21 01:47 PM
    See body of email below....

    Hi,

    I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).

    There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.

    All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
    years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.

    I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.

    What does it take for congress to pass some relief? Just some simple relief measures
    1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
    2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
    3. Do not count spouse and dependents towards the annual number
    4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .

    60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.

    regds,
    xxxxxx



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