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  • satyasrd
    06-14 08:56 AM
    This is something that I have requested so many times now but never get a response except for "another July 2007 will never happen again". I am not sure how thousands like me will ever get any relief if we are not allowed to file I-485 and get EAD. How many more years do we have to wait for that... 5, 10, 15 ?!?! This is absolutely ridiculous.

    Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......





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  • jprangi
    08-04 11:28 PM
    I know lot of people are waiting. But just want to tell you all the INS is moving forward may be slow. I just received my receipt notices today. My application reached INS on July second at 11:25 am. My checks have also been cashed.

    Cheer up guys and keep you fingers crossed.

    -Rangi





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  • coopheal
    07-31 02:01 PM
    Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
    They will have to put just one warning.
    "Beware: Once you start the ride....
    Only luckiest of you will be able to get out safely.
    Most of you will be on this ride which has an endless loop.
    Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.

    And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
    "





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  • desi3933
    03-27 04:07 PM
    .....
    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.


    As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
    ....

    Incorrect!

    Read this
    www.uscis.gov/files/article/C1eng.pdf

    Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"



    _________________
    Not a legal advice.



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  • GCplease
    07-30 09:16 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    These are just my views. Please do not take them as is. Check with an attorney.

    1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.

    2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him

    3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.

    4. 2 weeks without a job may not be that big of an issue.


    Again, these are my personal views. Your attorney can explain things much more concretely.

    Good luck.





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  • satyasaich
    07-20 06:43 PM
    Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
    I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.

    I'll truly appreciate
    Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.



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  • bluekayal
    03-03 02:22 PM
    It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.

    Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
    In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
    And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
    So I have no go...

    But thankfully, at least I have a 2006 I-140.

    In the meanwhile I've lost my job as well.

    If anyone knows an editing job please get in touch!





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  • lj_rr
    09-01 12:31 PM
    It will be good if someone can provide the exact steps.

    Hi
    I have my Labor and 140 approved. (140 approved in Jan 2009)
    But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
    So I am planning to request both of this by making FOIA request to DOL and USCIS.
    I have done some ground work for that. Now here are my questions.
    1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
    Or are both of this employer�s petitions?
    2) I have heard that after six month of 140 approvals it become employee petition.
    How much true is that?
    If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.



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  • kaisersose
    11-15 05:34 PM
    No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

    "Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."

    Link: http://online.onetcenter.org/link/summary/15-1031.00

    Nope...this supervision is in the capacity of a senior engineer/technical resource. Once the word manager appears in the role it falls into the manager basket which I believe is is code 11.* It will probably never occur to the IO to consider job code 11 for a manager.

    Perhaps there are some bold risk-takers out there willing to take chances and claim to be in code 15 although they have manager profiles, but I am not one of them.





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  • snathan
    02-19 05:01 PM
    hi,
    Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
    Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.

    Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.



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  • gps001
    12-26 04:25 PM
    Thanks for your response. Only NLSUBBU has had some experience. I have seen his messages in some other queries too. But more often, I have seen that people suggest that its better to get a H1-B stamped, just to make sure that you don' t need to renew your AP every year.

    The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.

    Thanks again.

    I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts





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  • pushkarw
    12-21 01:50 PM
    The omni-bus has come and gone! The MILLION dollar drive is a long term strategy. It aims to give IV enough funds to steamroll ahead. It will help IV become pro-active. Every time there is a ray of hope, IV has to come to us for money. A MILLION dollars will ensure that IV does not have to do that. We are nearly 30,000 members and not enough are contributing. The MILLION dollar drive was about one-time contributions of $250 (mind you all contributions are valuable) to reach the magic figure of a million dollars. IV needs the money to become more powerful.

    What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?



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  • sniffing
    08-10 11:54 AM
    on the same line i have a question about adding my Spouse to my 485 when she on F1 Status. Will this cause any issues? Please share your thoughts

    Thanks..





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  • like_watching_paint_dry
    02-27 07:43 AM
    Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.



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  • tp976
    04-30 03:40 PM
    mrsr,

    were you able to interfile? im looking for people who have been successful in doing this

    i have a PD OCT 03 ( EB3) and july 06 (EB2), both cases I-140 approved. Just wondering its worthwhile doing it.





    I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140

    Thanks..

    I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140

    Thanks..

    any idea

    please guys

    is anybody there

    is any body there





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  • GCVictim
    03-12 11:22 AM
    My 140 approval updated after 1 yr....



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  • imm_pro
    11-16 11:20 PM
    my company went thru a round of layoffs and the lawyer made me wait for 6 months before filing for labor at that time....but the ad process was in progress during this time..





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  • poorslumdog
    08-23 09:08 PM
    I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.

    I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.

    1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
    Thanking you in anticipation.

    Before someone gives you answer...can you answer this. Why someone should help you or provide any answer to you. In the last two years your post count is 5. So never participated in any drive, help fund raise....first IV need to get ride of selfish &*^%& like you. I wish and request others not to answer you...





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  • octoberbloom
    12-28 11:17 AM
    TSC - 485 went back to January 2007?????





    iq5203
    01-20 07:10 PM
    In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.

    Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.

    Read fine prints very carefully.

    According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.





    s416504
    11-18 01:00 PM
    Please specify time line (MMYY) about your status from begining. Also mention period USCIS asking your legalility. I think You should be OK as long as AOS pending.



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