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  • kaisersose
    07-23 09:01 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.

    Now all you have to do is wait for your 140 to be approved.




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  • GCwaitforever
    02-09 05:50 PM
    If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.


    To

    Mr. John Beverly
    Director, Foreign Labor Certification Program
    200 Constitution Ave NW, room C4312
    Washington, DC 20210

    Mr. Beverly,

    [Block A: Filler] with model text by the side ....
    [Model text:
    I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]

    Block B:
    Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
     Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
     FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
     There is a complete lack of transparency and answerability from a public agency like BEC.
     The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
     The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
     The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.

    All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
     Why FIFO has not been implemented?
     How many people are working on adjudications?
     What are the criteria for picking up a case for processing?
     Why are there differences in procedures between Dallas and Philadelphia BECs?
     How many cases have been adjudicated so far?

    Block C:[Filler]
    [Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]

    Respectfully,

    ------------------------------------------------
    xxxx




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  • SpookyH1Alien
    10-05 06:47 PM
    I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...

    That is Utpal Dutt's name in the movie Rang birange. That's one of those great comedy movies.




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  • sundarpn
    07-19 10:54 PM
    jack_suv, nice post and a good start.

    I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

    If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):

    1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.

    2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).

    3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)



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  • texcan
    08-04 09:29 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;


    My friend,

    Donot get angry, its not personal to you...but for the action.

    Please live your life and try not to find excuses to be unhappy.
    Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.

    Sorry to say these words to you, please donot mind and not take it personally.

    Be happy at least and spread some joy in community.

    See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
    http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f


    Please donate some time, money to IV...if not some cheer at least.




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  • ndialani
    11-21 04:31 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?

    Thanks.

    I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
    We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
    You just walk across the border. No questions asked. Get a cab, they all know it!!!!
    i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
    Get the draft and walk back there. you will be required to show your passport at the bank too.
    If you are in a group or couple of you. One can stand in the line and other can to to the bank.
    Sprint phone works well over there at the border.
    If you have an I phone.....o'well!!!
    If your case is straight forward....it should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
    If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
    KEY IS TO GO AS EARLY AS POSSIBLE. MAY BE 6:00am.
    We did not take any permit or visa as it is within 20 mile distance.
    On over way back , we got a new I-94 at homeland security office. It is very important.
    any questions....feel free to PM me.
    Good Luck!!!



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  • 123456mg
    02-17 02:41 PM
    Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.

    I am not an expert and this is just my opinion.




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  • ArkBird
    07-29 02:16 PM
    I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

    Any advice highly appreciated. thanks!


    What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.



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  • GCBatman
    04-13 10:42 AM
    Thanks gcisadawg.
    I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
    I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
    Thanks,

    You have multiple options.
    1> Just keep the money with your old company. This is possible if the balance is above 5K.
    You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

    2> Shift the money to a new/exsisting IRA.

    Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
    If you don't deposit within specific time period then you would incur tax and 10% penalty.

    -GCisaDawg




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  • deepimpact
    09-18 08:53 PM
    that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....

    USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.



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  • crazydesi
    09-03 07:57 PM
    It helps for the older PD's who were stuck in name check for many years.

    They are collecting this for New visa # which are going to come in Oct.

    So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.

    Guru's any insights.




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  • sundarpn
    07-19 10:54 PM
    jack_suv, nice post and a good start.

    I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

    If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):

    1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.

    2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).

    3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)



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  • crazyghoda
    03-25 03:43 PM
    "There are tons of skilled LEGAL immigrants from India/China waiting to buy houses with 20% down payment but wont because our immigration system have yet to process their green cards. Reform immigration & it will eventually improve the housing market."

    Got it in with 1 character to spare :D

    Please vote on this guys!!




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  • Project_A
    10-27 09:23 AM
    Your situation is exactly like mine. Got OCI for first kid and PIO for the second.

    Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.

    We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.

    We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.

    Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “

    I would like to know if anyone had a similar experience. Appreciate your inputs.
    Project_A



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  • waitingnwaiting
    05-20 09:32 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

    I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.




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  • dxldad
    05-18 12:00 PM
    Murthy.com has some advice on this situation, please check their site. This is what I understand. Your daughter can board the flight to US based on the valid AP. Once she reaches US, she needs to inform the immigration officer that her GC was approved. The immigration officer has the authority to let her into the country after checking her records. Murthy has this scenario in detail.



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  • rama0083
    03-07 12:41 PM
    My wife, who has been with me in the US since 2005, re-entered the US (after a vacation in India) on an H4 visa on JAN-18-2008 but the immigration official at the airport wrongly stamped the entry date as JAN-18-2007? The entry date on the passport is also stamped wrongly as JAN-18-2007. How big a deal is this? The expiry date of the visa is stamped correctly as Nov-2009. I read that the place to get this corrected is the US Customs and Border Protection Deferred Inspection Site where she entered (Chicago):

    http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    But when I called the office I got voice-mail. Is there any other way to get this corrected?




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  • billu
    04-18 07:31 PM
    wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!




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  • sparky_jones
    10-27 03:58 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Change is hard - but change definitely brings new hope and prosperity.

    With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.

    Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.

    Lets all be together in turbulent times and work towards the change that we always want to see.

    IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
    A very nice message! Happy Diwali to you too!




    Steve555
    01-31 08:38 PM
    Hi,

    Does anyone know any person who got atleast one H1 approved by filing more than one H1 Applications through multiple employers?


    Many Thanks,
    Steve




    Pawankalyan
    11-07 01:44 PM
    I have applied 485 (both for me and wife on Aug 13th 2007) without submitting the medicals...still waiting for 485 receipts...
    Just trying to figure out anybody on the same boat..



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