Friday, June 17, 2011

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  • yadav
    10-24 03:31 PM
    my lawyer sent mine on july 27 (normal no premium) and on october 10 i got an email from USCIS that my application is approved, yesterday got email from lawyer that he received the approval.

    Your might be on the way, i would suggest wait for few more days, if lucky might save 1000$.




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  • glus
    10-09 01:07 PM
    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979

    This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.

    As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.

    Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.

    Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.




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  • swapnajay
    10-09 01:08 PM
    Sorry to scare you in my previous reply....I did not read your question properly....
    Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
    Sorry about my previous post though...
    Good Luck!!




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  • thomachan72
    06-18 07:25 AM
    But for filing the 485 (US green cared last stage) you need to be physically present within the US and it will be difficult to comute across the border at this stage. This is a very complicated issue and you can never predict the outcome. However, apply both and stay in canada now. Try to complete the 2 year requirement in canada and then you can move back to the US and file the 485. Another thing I heard is if a canadian company hires you and places you in a US location, you can stay in the US and claim years of residence towards the canadian PR, because you are being paid in canada (something like that). If that works then at the same time your LC can be done here. then if dates are current 140 and 485 filed concurrently.
    Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.



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  • immique
    04-13 01:38 AM
    it is very risky. you cannot use AC 21 when you move from a full time practising physician to fellowship. how can you justify being paid about 1/3rd of the salary mentioned in your Labor application. the job has to be similar in description and pay. earning extra by moonlighting will not be sufficient to satisfy the criteria. personally I have known Physicians who did not even move from a University hospital to a community hospital as the job description will be different from a University hospital to a community hospital. if you have green card processing through your wife then you can file as her dependent and go for the fellowship. if you don't have that option, then I would suggest that you not go for the fellowship and stick with your current job.




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  • same_old_guy
    11-10 03:42 PM
    http://immigrationvoice.org/forum/showthread.php?t=3779



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  • alien2006
    08-08 07:33 AM
    guys many of us are considering going back to india.. any idea on whether those who have 40 credits will be eligible for social security from india...


    also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..

    Try this website - http://groups.msn.com/R2INRIFinanceAndInvestments for good info if you want to go back to India.




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  • gcseeker2002
    02-20 03:16 PM
    I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :

    Total : 105960
    India : 26636 = 25.2%
    China : 8222 = 7.75%

    No wonder china is moving faster in the EB categories



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  • nda050325
    07-16 06:27 PM
    I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.

    Can you provide more details on the RFE ?




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  • satyasrd
    01-10 01:13 PM
    Does anyone know what the text of this bill spells out ? I hope they are talking about allotting GC's to the people waiting in line and not newly graduated folks.



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  • dallasmbs
    07-14 11:03 PM
    From Dallas , will join




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  • leo2606
    09-24 03:50 PM
    Any thoughts



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  • satyasaich
    06-25 02:54 PM
    Then why 'Americans' are NOT complaining on 'cheap' goods sold by walmart? Why you call that as 'great enterprise'?
    Why 'Americans' are still clinging with beer bottles during weekends & glued to TVs only when the whole world is changing ?
    Why 'Americans' are NOT complaining about 'cheap' foreign oil? Can you dare to think of $4/gallon?

    My friend, wake up and recognise that world is more flat than you think.

    Why you are NOT challenging the unisersity Boards about pay scales of their foot ball / basket ball coaches? Are they so special than professors? Coaches DO NOT produce future generation of engineers / doctors / economists/ teachers.
    & you call that as 'lifestyle' watching and wasting and spending valuable time and money in the life as a student?
    come on, be practical. you can be a sports fan but there is a line to draw
    Why are you NOT challenging senators / congressman when they allow bail out of big banks with 'YOUR' tax money?
    Please change the hat you are wearing and try to see the world.
    OTE=oscarzumaran;1965481]It is a fact that cheap, illegal labor is destroying America and the lifestyle. No doubt about that. What do they think? American's did not do farming before? If you pay enough, any American will do the job.

    It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?

    Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.

    This excuse will not work.[/QUOTE]




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  • bmoni
    01-28 06:28 PM
    First thing, call one of the high powered attorneys discuss with them what options you have.

    I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
    This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.

    Keep up the hope. Don't wait if possible try to apply for another new H1B.

    Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.



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  • ImmigrationAnswerMan
    07-24 03:42 PM
    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.




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  • Kitiara
    05-27 10:25 AM
    Consider it a back handed compliment. :)



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  • dpp
    10-23 11:57 AM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.


    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.




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  • don_don
    06-25 08:43 AM
    If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!




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  • aamchimumbai
    09-02 06:35 PM
    Folks,

    Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).

    As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?

    Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?

    Thanks in advance for all your responses.




    walker15
    02-15 10:55 AM
    Also your immigration attorney's involvement is very crucial in regard to your case.




    hopelessGC
    04-21 01:45 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
    H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.

    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.



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