Friday, June 10, 2011

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  • siddar
    09-04 11:09 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....




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  • ash27
    07-17 02:55 PM
    Guys,
    We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame

    we really have to be morons to take anynonymous comments at face-value.

    or did you post the comments yourself and like the attention?




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  • ganguteli
    06-12 11:26 AM
    Why before October?

    Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.




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  • jonty_11
    11-21 10:08 AM
    Sent email to 60m



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  • wildcat1313
    03-26 02:08 AM
    Yesterday, I went for my H1b stamping but was issued a 221G. I had all documents that the VO asked for.

    1. Client Letter with detailed job descriptions.
    2. Vendor Letter with detailed job requirements and skillsets required
    3. Contract between my company & Vendor.
    4. Work-Order from client to vendor.
    5. All W2/pay Slips
    6. Company Tax return for last 2 years.
    7. Unemployment wage report
    8. Notarized copy of all employees with location, salary, start date , end date.
    9. Copy of filing with USCIS.
    10. All timesheets esablishing employee/employer relationship as well as billing timesheets

    VO refused the visa saying he wants to see the contract between employer & end client. Vendor is saying they cannot provide it because of legal issues but are willing to provide a detailed letter stating the same.


    I have been with the same employer for last 7 years and never been on bench with I-140 approved. Have worked for same client earlier for 4 years, took a break as I was bored, worked for another client for a year, came back and have been working there for last 2 years now. Client is very co-operative and is willing to help in anyway they can as they need my services.

    What are my chances of getting tbe visa without the original contract?
    I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.




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  • Green.Tech
    08-06 11:00 AM
    Didn't you know for sure that you were going to stay with employer before asking them to apply GC.

    It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?

    Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.

    If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.

    Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.

    Calm down buddy, no need to get excited!

    FYI. I have been with the employer for ever. It's just that they are now revisiting/revising their GC policy, and I am trying to make sure that the policy makes sense for both the employer and any future employees. And who knows I may have to agree to this policy in future if I decide to redo my GC application :)



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  • bkarnik
    11-03 04:34 PM
    Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.

    I would suggest talking to an attorney specializing in contracts.




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  • kminkeller
    03-09 01:51 PM
    Thanks va_dude.

    I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.

    I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.



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  • JunRN
    11-09 12:00 AM
    That same link you gave tells us that 655k is pending/back-log for AOS....




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  • meridiani.planum
    04-01 04:18 AM
    Hello Everyone -

    I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.

    Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other

    ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up



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  • gc2009gc
    10-30 03:05 PM
    I have future GC filed from Company X, the priority date is February 2006.



    I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is

    If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?

    What could be the implications?




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  • zCool
    04-15 03:08 PM
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    -- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.

    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    -- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.

    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    -- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.



    Dear Friends:
    I would appreciate if someone could answer these 3 questions for me:

    As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.



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  • BPforGC
    08-11 05:44 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.




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  • a1b2c3
    06-16 12:27 AM
    I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!

    I think so too. I think its good to ask the immigration officer why the visa is being denied.
    I think its best your parents apply by themselves and leave your brothers out.
    When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
    Another thing to do is to ask for a short duration visa like a month or so. It might help.

    And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.

    Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.



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  • dixie
    01-25 08:13 PM
    Bush made his statement in the context of H1-B visas, not in terms of giving GCs. So it is not as if he made a pitch for us - there are plenty of folks making a pitch for H1 visas.It does not necessarily help our cause - H1 visas may very well be addressed without fixing the EB system, as it is more convenient politically and for the corporates.
    When decision making people or people at the top talk, then i believe there is a sense of realization about us.
    Atleast this should provide an easy opening of our case with top leaders.

    I am not saying that is it, they are dispatching GCs through Fed-Ex?
    If they did, i would be really surprised.




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  • Ramba
    08-26 04:29 PM
    I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.

    Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).

    Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
    Thanks.

    It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.



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  • diptam
    07-17 12:09 AM
    I mean i filed without both of those. Theyare required in the 140 phase , not in 485.

    But keep them handy - in case they wants mail by next day air
    Hi,
    My attorney is requesting that I need to submit Tax return for filing AOS.
    I had sent W2 forms
    Is tax return separate from W2 , I am confused..:confused:

    Pls help




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  • Pineapple
    10-10 09:44 PM
    Yes, I did. That is how I came to know that I had to send the card back, with a fresh I765 (but no fees), and a letter explaining the error (as it it wasn't obvious).. my worry was (still is) that my application would join the pile of applications, and would sit there in the bottom.. another potential wait of six months..
    So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.

    Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
    , and she promised to take care of it.
    Will post if it works out well.. :)




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  • sroyc
    08-03 12:21 PM
    I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?

    Guys,

    From what i gathered, It seems these 2 things could effect your processing apart from PD....

    Both can be done, if you take a infopass at your local office....

    1) I-485 fingerprints
    2) A# Mismatch on i-485 receipt, i- 140 approval notice

    For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
    A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
    In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO

    Others RD, ND, namecheck which we have no control of even though you did everything right.




    ilikekilo
    05-05 11:42 AM
    Wasnt there a recent settled law suit that could evnetually force USCIS to consider and work on a petition if its pending for more than 180 days?

    Then I suppose this non concurrent priocessing may be a good thing...isnt it?

    I still cant fathom what would be the real consequences of this non concurrent processing..anyone?

    going to the comments section, I believe its just a "process" to go thru...

    I did submit comments when they proposed fee hike for many gc applications like 485, 140 etc.. they receveid lot of comments BUT they went ahead and increased the fee anwyays...:)




    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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