Sunday, June 12, 2011

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  • iv_only_hope
    01-15 10:20 AM
    Update from my lawyers site

    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. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned





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  • sandeepk_c
    06-11 11:37 PM
    One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.

    My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.

    Let me know what you guys think of this.

    Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.

    Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.





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  • gonecrazyonh4
    03-20 01:14 PM
    I googled quite a bit , but could not get any more info on these bills. If any one find relevant info pls post it here.





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  • ImmigrationAnswerMan
    06-29 06:02 PM
    Your B-1 visa does not allow you to stay in the US during the gap.

    You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.



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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?





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  • jonty_11
    07-06 01:33 PM
    If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
    no Condi and USCIS Chief just take those #'s and shove them down the toilet..



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  • drona
    07-09 08:43 PM
    Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.





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  • jchan
    12-08 12:15 PM
    In thi case you can only get GC if you remain alive while serving the US Army. Remember they want to put you in front of the enemy first before they pu their citizens.

    If you die you will get citizen directly, not a bad deal is it? :D



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  • anilsal
    12-13 11:03 AM
    That is provided the dems are in pursuit of CIR.





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  • GCHope2011
    10-19 07:03 PM
    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 :)
    I am trying to do just that. Realized that I can save $25 per month in many different ways from my current expenditure itself and signed up for $25/month donation.

    Every little bit helps.



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  • rajenk
    04-27 01:24 PM
    Sorry to hear that. That was really sad. Any ways past is past. Do the following.

    1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)

    2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.

    your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.

    Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.

    On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.

    PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.

    Good luck. Don't lose your heart, you should be back on track in no time.

    Cheers
    Raj





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  • alkg
    08-06 08:35 PM
    1% to 5% cases are listed in .

    Aug 6, 2008 @ 6:30PM EST:

    For EB2 chargeability India: So far in Aug we have 36 GC approvals listed in .

    TSC 34( cases) - 680(based on 5%) to 3400(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    Aug 5, 2008 @ 5:00PM EST:

    For EB2 chargeability India: So far in Aug we have 25 GC approvals listed in .

    TSC 23( cases) - 460(based on 5%) to 2300(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    What is does 1% to 5% means ?



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  • karthikgk
    10-19 02:40 PM
    Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
    Some new updates are also posted for donor members only.

    Pappu,

    Sorry to sound dumb (but I think I am at this point for having applied for my renewal so late) but would you please provide me the link to the EAD renewal thread that you referred? Also, please let me know if there is a seperate link for paid members and I will access that too (my wife's username has a paid membership)

    Thanks,





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  • bijualex29
    07-31 05:57 PM
    2nd July, Nebraska



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  • saisiv
    07-23 03:54 PM
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





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  • ramus
    07-04 03:47 PM
    Good finding...

    Please post this on http://immigrationvoice.org/forum/showthread.php?t=5994&page=21



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  • dhesha
    12-16 04:29 PM
    Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08

    I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska





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  • HereIComeGC
    04-22 02:14 PM
    This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.

    Jan-05 C
    Feb-05 C
    Mar-05 C
    Apr-05 1-Apr-02
    May-05 C
    Jun-05 C
    Jul-05 C
    Aug-05 C
    Sep-05 C
    Oct-05 1-Nov-99
    Nov-05 1-Nov-99
    Dec-05 1-Jul-00
    Jan-06 1-Jan-01
    Feb-06 1-Aug-01
    Mar-06 1-Jan-02
    Apr-06 1-Jul-02
    May-06 1-Jan-03
    Jun-06 1-Jan-03
    Jul-06 1-Jan-03
    Aug-06 U
    Sep-06 U
    Oct-06 15-Jun-02
    Nov-06 1-Jan-03
    Dec-06 8-Jan-03
    Jan-07 8-Jan-03
    Feb-07 8-Jan-03
    Mar-07 8-Jan-03
    Apr-07 8-Jan-03
    May-07 8-Jan-03
    Jun-07 1-Apr-04
    Jul-07 C
    Aug-07 U
    Sep-07 1-Apr-04
    Oct-07 1-Apr-04
    Nov-07 1-Apr-04
    Dec-07 1-Jan-02
    Jan-08 1-Jan-00
    Feb-08 U
    Mar-08 U
    Apr-08 1-Dec-03





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  • hebbar77
    08-09 06:00 PM
    Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
    All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D

    This thread is mighty funny!!!.





    stemcell
    02-28 10:36 AM
    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.

    Please ask relevant questions in this forum.
    Asking about taxes,home buying,etc etc just is beyond the purpose of this forum.:confused:





    sam_hoosier
    11-15 03:33 PM
    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.

    As long as you dont get paid for the marketing & promotional work in the US, you will not be breaking any immigration laws.



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