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  • rb_248
    09-21 04:35 PM
    Dude,
    There is a loooooooooooooooooooooooooooooooooooooooooooong queue unless the rules change.


    Hello,

    I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
    I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.

    With all this retrogression its really confusing and frustating to understand...
    I appreciate your help.

    Thanks,
    Harish.





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  • sayantan76
    05-31 09:04 PM
    A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?

    If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
    My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......

    I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing





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  • mattresscoil
    10-15 02:24 PM
    Hello,

    I am currently working as full time and planning to move to consulting. I have the below questions

    (i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
    Do you think is it OK to move to consulting from Full time?

    (ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing

    Thanks
    sshrika:

    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.

    Best wishes
    Mattresscoil!!





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  • franklin
    07-05 01:40 PM
    I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...

    in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...

    my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...

    No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.

    So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)

    You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.

    When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.

    There is easily enough demand from ROW all categories combined to make up the difference.
    This is assuming, of course, that the 7% country limits were observed.

    btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)



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  • jumanji4u
    01-27 02:02 PM
    Congrats!!!. Let your shining success prevail on us. :D





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  • manchala
    10-19 06:01 PM
    I donated 50$ recently. It is nothing compared to what others did but it is a start

    Nice idea, but here is what I think...

    Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)



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  • pt326bc
    07-12 07:14 PM
    :confused::confused:

    First (Original one):

    labor date: EB2-Aug-2002
    Labor approved: September - 2007
    I-140 approved: Yesterday (July-11-2008)

    485 not yet filed

    Second (approved labor from different company):

    labor date: EB3-Apr-2004 and labor approved
    140 filed: July 13 2007 - case is pending as of now
    485 filed: July 13 2007 - case is pending as of now

    I dont know what to do with my original green card one (whether to file one more 485 or not)

    Gurus help me with your knowlege which option i have to choose

    1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one

    2. file one more 485

    3. wait for the substituion labor 140 to be approved and transfer priority date and category?


    :confused:


    You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
    But confirm with you lawyer; this is not legal advice.
    Regards.





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  • dressking
    09-29 11:47 AM
    Immigrants at USC have helped design a special randomization program for LAX security called ARMOR! Doctoral student, Pankaj Paruchuri, and his professor, Milind Tambe, have designed this special program that will help National Security and enhance the security for all of us!

    A Random Weapon in the War against Terror (http://http://www.msnbc.msn.com/id/21035785/site/newsweek/)

    I can bet that the Doctoral student himself must have faced Backlog/ Retrogression at some time! I do not know him, but I think IV should contact him!

    I am sorry to offend some of you by bringing up this subject again. But I think we are just asking for acknowledgement for the contribution we have made when we were attending graduate programs in the US. It was a lot of over time and hard work with literally no payment other than money for room and board. Some may get their names attached to the paper that is published and get their Green Cards quicker for that. But some don't.



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  • soma
    01-15 10:07 AM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.


    That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?





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  • meridiani.planum
    08-14 12:03 PM
    This topic may be a bit counterproductive to what we've set to achieve as IVians but I hope folks see this in a true light. I could have set the title 'Return to Homeland', in my case its Return to India, hence the title.

    I have been here for the past 9 years and as days progressed, my heart is back home. I may be closer than I ever was to get a GC but it seems I am to a point where I really want to give a shot to R2I. Reasons are several and are probably alike to several of yours. Family, Support and the whole other 9 yards..

    That said, finding jobs back home while you are here in US seem not the easiest. I have seen a few in Google/Microsoft but I suppose there are many more. I am looking to return to Hyderabad. The reason why I am posting this here to is to seek help. If you or your friends work for companies that are looking for experienced managers to R2I, I would appreciate if you could post it here or PM me.

    I am looking to R2I early next year but if the right opportunity comes along, I cud do it sooner than that. Thanks.

    all the best to you! If you are serious about this, then you may want to go easy on visiting iv and start checking out: http://www.r2iclubforums.com/forums/



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  • ksvreg
    09-25 03:02 PM
    You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.

    *** Not a legal advise ***

    ____________________________________
    Proud Indian-American and Legal Immigrant


    Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?





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  • GCInThisLife
    07-18 01:40 PM
    Your EB2 PD is more than 2 years from EB3 PD. So, it may not make as much difference at the end considering the volume of PERM filings after March 05. So do what you think might be safer as dates may severely retrogressed in future and even cut-off date moment till 2005 wouldn't be any time soon and you wouldn't want to get I485 rejected due to problems in I140.

    Also, I am not sure if you can have more than I485s pending at the same time i.e., when you do not withdraw EB3 I485. Check with your attorney.



    Hi,
    Hello all,
    Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.

    My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.

    At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?

    Gurus, please help



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  • chanduv23
    03-31 02:52 PM
    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.

    Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.





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  • reverendflash
    10-21 03:54 AM
    No, no problem with asking me any question... just beware, I might just answer you! :P

    Nothing sinister... she's still alive, married again... hope she's happy (we've spoken twice in10 years)...

    Right after that I kinda had an epiphany about not liking who I was becoming, and saw it wasn't where she was going, so I left, at about 3:00 in the morning, with her ring in my hand (she threw it at me), and the clothes on my back...

    We will just say my life became much more spiritual from that night on... :cool:

    Rev:elderly:



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  • bp333
    11-13 05:03 PM
    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now

    Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..

    I am very positive that your friends filing will get through as well.





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  • chi_shark
    10-08 10:27 AM
    stock trading for yourself on your personal account is no issues... if you setup a corp and do it through that corp, then you need a secondary H1 B...

    Guys,
    I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.



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  • anantken
    05-27 01:22 PM
    If the PO boxes are different then you have to send it seperately.





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  • qualified_trash
    10-17 07:31 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.


    While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.





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  • kukitron
    10-03 03:10 PM
    Hello,

    My wife is applying for a good job at the European Union, and I do not see why can't she get accepted. We've been stuck in this mess for a while and I am getting tired of irrespectful treatment when entering the country, even when you are here legally, limited career, etc,etc

    We can legally work in Europe, but how is the market in Belgium for an electrical engineer (firmware, hardware, project manager exp)?

    Anybody have any experience or know something about it? salaries, cost of live, etc

    Regards





    eastindia
    05-18 12:55 PM
    I thought about it again and think everyone has the right to post on forum as much as you. If IV does not like it, they will delete it. If you do not like a thread do not read it. Who is forcing you to read a thread? If you want to read something specific to your interest, there is a nice website I found recently. It is called 'Google'. All you have to do is type a keyword and Google will give you back thousands of websites of your interest for free. Isn't this amazing?





    pleaseadviseme
    09-23 07:01 PM
    First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.

    Thank you so much, you have been really helpful.

    My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
    or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
    because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!



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