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  • Sunx_2004
    09-08 06:32 PM
    Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..

    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.




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  • nousername
    04-07 01:12 PM
    What the hell.. Can someone please explain this in plain English?

    AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)




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  • WaitingYaar
    10-02 08:17 AM
    This is how PD and RD work.
    ASSUME ALL ARE EB3

    Mr. A PD JULY 2004 RD MARCH 2005(1)
    Mr B PD FEB 2004 RD DECEMBER 2005 (2)
    MR C PD JAN 2003 RD JANAURY 2006 (3)

    USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
    IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
    If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
    If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
    If visa bulletin date is August 2004 "Mr A would get GC first"

    In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.


    What about if PD is current, and your RD is outside their normal processing time. If you do not see any LUD change, what does this mean?




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  • genius
    12-14 08:06 PM
    Unfortunately,kaplan doesnt issue I-20's anymore.
    Are you sure than ,while the H1B is being processed ,you can live here legally?
    Also what if I get use premium processing and get my H1B approved earlier,would I be able to start work before Oct 1st?

    My OPT expires in May 2007 and I have my Masters from here...

    Thanks in advance!!!



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  • yabadaba
    06-22 10:05 AM
    To Hemasar

    No- You better get you act straight.

    Your post heading said "TB skin test is not mandatry"

    So that implies it is not required. also the correct spelling is mandatory.

    The solid evidence is the number of RFEs that have been issued by USCIS if you do not have a skin test.

    http://www.murthy.com/news/n_tbtest.html

    Don't come around here with your 27 posts with absolutely no basis telling people this or that is not mandatory. If you have an ulterior motive in people getting RFEs, then shame on you.




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  • jungalee43
    12-11 11:01 AM
    Very good catch. South Korea (& Philipines) falls under ROW and got a lot more EB3 visas than India. So if EB3 is born in South Korea, s/he would get GC in three years where as we are rotting for last eight years. The only reason is the country of birth. How unfair and discriminatory! Is this pre-planned?? And hardly any lawmaker is concerned. Hard to believe this is USA.

    Country EB1 EB2 EB3
    S Korea 1,923 7,125 4,727
    Philippines 310 2,057 5,625
    UK 3,472 2,043 909
    Canada 2,368 3,404 1,207
    Mexico 1,457 1,348 4,021

    Now the question is why is there no 7% quota for South Korea ?



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  • sangeethak31
    07-13 05:51 PM
    Required documents for H1B Visa renewal lists the previous employers experience letter...

    Please advise me....

    Thanks,
    Sangeetha K




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  • rsdang
    11-21 05:27 PM
    abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.

    Take Care



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  • myuname
    06-25 11:50 AM
    Anybody else in the same boat?

    I'd say proceed with filing 485 for now and later you can think about porting etc.
    Rather try filing it yourself and save lawyer fees ($1500 per primary applicant and $2000 for primary + dependent? geez this is a special offer?)




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  • mdforgc
    05-19 04:48 AM
    I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points

    1. Be able to track ur application on USCIS website with the receipt number
    2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.



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  • brimos
    05-16 01:58 PM
    Is there anything currently to actually stop us from all throwing in the towel with the LC process and just stating that we've been here for x years and paid $x taxes and getting on the illegal's bandwagon?




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  • Appu
    04-02 10:31 PM
    So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.

    Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.


    I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.

    `(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--

    ``(A) was physically present in the United States before January 7, 2004; and

    ``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.

    That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.



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  • Becks
    08-16 05:51 PM
    I had my PA DL renewed last year. All they asked was the original I-485 receipt, Passport. They dont consider EADs.




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  • mallu
    06-07 04:09 PM
    .



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  • fuzzy logic
    07-01 10:22 AM
    Thanks for your replies.

    I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.

    I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!




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  • Canadianindian
    04-15 08:11 PM
    I agree with the thought that with the critical mass of 10,000 and growing ppl, it is a matter of time when such political organizations contact us for support in terms of both:

    1) Our ability to influence our fellow Indian American Citizens (relatives) to support an organization
    2) Our ability to generate monetary support.

    However, rather than such organizations approaching us, we have to be proactive in making these political organization aware of our ability to contribute. Our strenght in numbers, and our ability to influence and support has to be evident and communicated. The NY/NJ chapter is making some effort to contact our senators/congressman, but it has fallen to deaf ears.

    My question is that can a senior member of IV team approach these policital parties, just like other Indian groups are approaching, and showcase our strength (support and money).

    Also, are there any IV offical letter heads that can be used while faxing meeting requests to political parties.



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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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  • rolrblade
    07-27 04:00 PM
    Not entirely true..

    Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.

    There are a few things to see if what your lawyer did was correct:

    1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf

    2) Your company has your facsimile signatures or signature stamps.

    this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.

    In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.




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  • ramus
    04-27 04:51 PM
    Fond this..
    http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007

    Is this CIR in sanate?




    pathiren
    07-19 10:14 PM
    Congrats to all those who are lucky enough to file their I-485 by August 17. I am kind of on the unlucky side. My mandatory labor recruitment wait period of 30 days end on August 17. Wonder if anyone has any idea about I-485 availability or unavailability by september or october or may even next time this year to use up the available numbers.

    I appreciate all your responses.

    Thanks
    HP




    gee_see
    10-19 10:54 PM
    Experts... any advise???



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