Saturday, June 11, 2011

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  • indyanguy
    08-07 09:27 AM
    I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.

    U mention what u have filed and what u r expecting.

    I think almost everyone has filed 485/140/EAD/AP.
    I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.

    If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
    If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.

    I hope this helps.

    Meanwhile, please work on some action items and your wait will become more easier.





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  • pvganesh
    10-24 11:42 AM
    Thanks Ann Ruben.

    My PERM application requires experience as a 'systems analyst' in XYZ technology and i have experience/affidavit letters reflecting progressive experience in XYZ technology from last 7 years with minor difference in wording of job duties.

    We are seeking EB2 classification based on "five years of progressively responsible experience", i also have certifications in XYZ technology from last 3 to 4 years (not before starting work in XYZ technology) but i'm not sure if including these will help/complicate the case.. Could you please advise..Also, please give any additional points to take care while filing 140 with EB2 classification based on "five years of progressively responsible experience".


    Thanks
    PVGanesh





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  • gconmymind
    04-24 02:34 PM
    This is the first time I have seen so many approvals with such regular frequency. Congrats to everyone who got approved. It is also a good sign for all of us still waiting...





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  • GCneeded
    11-07 12:32 PM
    Thank you everyone for the responses.

    Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.



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  • pappu
    02-17 12:26 PM
    Another op-ed should be coming soon in another media





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  • milind70
    08-08 11:43 AM
    It was less than year. See answers below..

    I think there is a possiblity that they might not cross check you G325A with the consulate becuase DOS purges non immgrant applications whihc are one year old. Since there are so many applications filed by the time they go for this check your data may have been purged ( this is a very high possiblity ) as by the time this request is made it would december or so . As i heard that TSC will issue recipts by Oct End ,beofer cross checking g235A there are many checks and many other processes they need to follow. So this is a possiblity.



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  • surya.kant
    06-19 01:30 PM
    Hello Unseenguy,
    Thanks for the reply.
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B


    You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.

    Your H1 petition is approved. You need to get H1 visa from consulate.


    Surya.





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  • senthil1
    04-04 09:57 PM
    If you stay out of country for long time CIS may consider that you may abandon GC.

    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?



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  • immihelp1
    09-29 06:36 AM
    Singhsa & Smisachu,

    Thank you for sharing your experiences.





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  • RDB
    08-28 04:37 PM
    Yes, am planning to do this.

    we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.

    Anybody doing this?



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  • bobzibub
    01-15 03:47 PM
    Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).

    Let us know how it goes.

    Cheers,
    -b





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  • morpheus
    07-07 01:33 PM
    Please consult an immigration attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.

    My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.

    Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.

    Morph



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  • madan
    01-11 11:05 AM
    Thank You...

    If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.





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  • bluekayal
    10-19 11:54 AM
    pmpforgc and other Schedule A folks,

    I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
    This is the 485 process according to what I was told:
    The first thing after fingerprint is
    1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
    2. Pre-adjudication (Texas)
    3. Name and family background check (back to FBI)

    based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st.

    Was the 140 PP worth it then or was it waste of money? This depends on one's personal situation.

    For me, since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.



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  • rock581
    07-18 05:32 AM
    Thank you all for replying.

    Well I will surely consult the attorney but they will be too busy now to answer some trivial questions. My attorney doesn't respond soon enough and I might have to take some decisions soon in the next couple of days.

    My spouse got his visa stamped. So he is all ready. I was thinking if my spouse could come on Aug 10th get the formalities done and leave for Canada on Aug 14th and come back after cumulative 365 +4 days are over on Aug 22nd then shouldn't it work? I am guessing he should be eligible to get his H1 next year .





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  • sunny26
    08-02 04:40 PM
    Hi
    I dont understand what is the good news in this.EB3 may 2001? what is good in that?

    Am i missing something?



    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.



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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?





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  • senthil1
    06-28 01:14 PM
    Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.

    ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?





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  • EB2_Jun03_dude
    04-11 11:16 AM
    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.

    dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)





    arnab221
    04-29 12:30 PM
    Doing smart things like this may get you deported from the US without any chance of return for 5 years . Be honest and follow the law .It against the law to work in one country and get paid in another .





    SunnySurya
    08-04 11:31 AM
    Yep, how about a rally in front of Nebraska Service Center ;)
    While it brought results to the frustrated person who took this extreme step, the question is, is it the most efficient way to get cases cleared?



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