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  • LondonTown
    03-08 03:32 PM
    Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

    P E R P L E X E D !!

    I took advise of two lawyers (one is very famous) and both told that if I40 is denied/appealed - do not use EAD and file another PERM immediately, which I did.




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  • Munna Bhai
    02-27 07:14 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    See with lot of difficulty you got GC. And with GC you can work part-time and even take another job. Why you want to take a chance. Yes, you must work for the employer for 180 days. Just stick for another 6 months and the game is over.

    Enjoy the life.




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  • sandy_anand
    01-24 09:38 AM
    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.




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  • kaisersose
    02-13 04:00 PM
    You guys deserve it after waiting for so long.

    If they have not used Labor substitution :-).

    Seriously, you can try making an infopass appointment and try your luck. Sometimes if they are in a pleasant mood, you may juts get the answers you need.

    Try it anyway, as you do not lose anything.



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  • techskill
    06-23 02:23 PM
    White House Says Immigration Reform Unlikely in ’09 - Roll Call (http://www.rollcall.com/news/36115-1.html)




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  • WAIT_FOR_EVER_GC
    06-12 02:38 PM
    I agree....but still think that however logical it seems it hard for ppl to follow it. I still think this fearmongering is so deep rooted that a majority of folks will just flood CIS with inquries and senator letters ets.. (the reason being...the other person is doing it and i dont want to be left behind) Same like the "Run to the Bank" ...

    that eventually. .the CIS will resort to the best option they have....

    They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).

    USCIS have already adjucated a lot of cases. They will not issue RFE's left and right.
    They issued a lot of green card's without RFE's last year



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  • thomachan72
    03-31 03:31 PM
    Congrats. Don't lose it. Enjoy your freedom.

    What about you? your PD is current right? any chance that you will get it soon?




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  • Pegasus503
    07-13 03:35 AM
    Damn I am going to be pissed off if he gets a green card before I do.



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  • glus
    08-10 11:48 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks

    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,




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  • hary536
    05-20 03:51 PM
    Hi, Thanks for the reply.
    In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
    So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.

    Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
    file an amendment? If yes, which H1B or LCA or both?

    Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    ________________________
    Not a legal advice
    US citizen of Indian origin



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  • sanbaj
    02-20 10:12 AM
    Your lawyer or any competent lawyer should be able to interfile your application. The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. As per today's EB2/EB3 PD scenario, interfile is the best option for you. Earlier PD transfers ruled when EB2 PD used to be ahead of EB3 PD. Now, EB2 PD is Unavailable. Again, get a competent lawyer who has extensive experience in this particular issue.

    The following thread has most of the information and knowledge you would need: http://immigrationvoice.org/forum/showthread.php?t=912&highlight=transfer.

    Best of luck !!




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  • singhsa3
    01-29 07:38 PM
    Just today, I spoke to one of my freind, he is also from Bangladesh and his PD is sometime in 2006. He got his GC. So it could very well be true. If you want PM me and I can give you his phone number, you are his compatriot after all.
    I'm from Bangladesh and my PD is May 2006....EB3

    I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
    In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

    Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you’re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

    I’m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved……

    Some help here will be highly appreciated…….thanks in advance



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  • indianabacklog
    10-12 07:27 AM
    I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.

    I have a few questions:

    1. What do i need to bring?
    2. What should i expect?
    3. What kind of questions would they ask?


    Your experience in this matter is great appreciated!

    Thanks in advance!


    Take your original receipt notice and the infopass appointment sheet so you will be let in to talk to someone.

    The officer there will email/call/get in touch with the service center who is processing your EAD application to see what is happening. The reality is that normally you will get your 'actual' EAD within two weeks from then. It takes as much time to produce and send an interim card (also big waste of money) as it does for them to adjudicate your application.

    It really is no big deal.




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  • paskal
    09-10 11:58 AM
    From Siskind's blog on ILW
    http://blogs.ilw.com/gregsiskind/2007/09/more-details-on.html

    MORE DETAILS ON SEPTEMBER 18TH RALLY
    Folks - The issue has been raised about whether non-citizens are allowed to participate in rallies. The answer is an emphatic YES! The main restrictions you have in participating in the world's oldest democratic republic is in your ability to vote and your ability to donate to election campaigns. You are most definitely allowed to go to a rally and press your case to the government.

    Immigration Voice has released the following advisory for those attending:

    Travel Advisory for the Sept 18th Rally/Parade



    Dear Member: As you know, the route of the rally on Sept 18th is from Washington Monument to Capitol Hill in downtown Washington DC. Please use the following advisory for travel to and from rally and related events. Everyone must arrive at the Washington Monument at around 9:00 AM on 18th. The march would begin at 11:00 AM and end at 12:30 PM. We will gather on Capitol Hill grounds and stay there from 12:30 thru 2:30 PM.


    Same day travelers: You have to arrive at Washington Monument at 9:00 AM where this event begins and leave the event from Capitol Hill, when it ends at 2:30 PM.



    Arrival Advisory

    For people arriving at the Washington Monument via WMATA Metro Rail/Bus

    There are two close Metro Stations to the Washington Monument Grounds. From your location reach one of the below metro stations. Please use the trip planner on WMATA Home page.


    (1) Smithsonian Metro Station (closest by walk)

    (2) Federal Triangle Metro Station


    Both the stations are 0.4 miles from the monument grounds and are on both Orange & Blue Metro Lines. See the map here on WMATA website and familiarize yourselves before you get on to the train.


    Tip: For those who has not been to DC before, Washington Monument stands tall and can be seen easily. Google Washington Monument and familiarize yourself, if time permits.

    Walking Directions from Smithsonian Metro



    (1) Take the 12th street exit and walk 0.1mile ( North ) towards constitution avenue.

    (2) Make a Left turn on Madison Dr NW and walk 0.1 mile ( West ).

    (3) Arrive at the intersection of 15th and Madison Dr NW to find Washington Monument Grounds.



    Walking Directions from Federal Triangle Metro



    (1) Take the 12th street exit and walk 0.1mile ( South ) towards constitution avenue.

    (2) Make a Right turn on Constituion Ave and walk 0.3 mile ( West)

    (3) Make a Left turn on 15th st and walk 0.1 mile south to find Washington Monument Grounds



    For people arriving at the Washington region airports (DCA/IAD/BWI) early morning Sep 18th

    From Regan National Airport (DCA)



    Regan National Airport is connected by WMATA Metro and is on both Yellow and Blue lines.

    (1) Take the Blue line train (towards Largo Town Center) from DCA to Smithsonian to avoid transfers on the Metro.

    (2) Use Walking directions from Smithsonian above to reach the Washington Monument grounds.



    From Washing Dulles International Airport (IAD)



    (1) Take the 5a bus from IAD at curb 2E to L'Enfant plaza Metro Station.

    (2) Get down at the Rossyln Metro Station and Take the Blue line Metro towards Largo Town Center.

    (3) Get down at Smithsonian Metro and Follow the Walking directions from Smithsonian listed above



    From Baltimore Washington International Airport (BWI)



    (1) Take the B30 Bus from BWI to GreenBelt Metro Station and get down at Green Belt Station.

    (2) Take the Green line towards Branch Ave and get down at L'Enfant plaza Metro Station.

    (3) Take the Blue line towards Franconia/Springfield Metro and get down at the Smithsonian Metro

    (4) Follow walking directions from Smithsonian as listed above.







    For people arriving on buses (ONLY IV Charter Buses) points south and west



    Points South



    (1) On I-395 North/George Mason Memorial Bridge,Stay in the 2 left lanes and follow directions to US-1/Downtown. (approx 1 mile on Route 1)

    (2)Route 1 becomes 14th St SW.

    (3) Make a left on Independence Ave and arrive at the intersection of 15th and Independence Ave.

    (4) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points West



    (1) I-66 West becomes Theodore Roosevelt Memorial Bridge and becomes Route 50 East/ Constitution ave NW.

    (2) Make a left on the 15th Street and go 0.5 miles South and arrive at the intersection of Independence ave and 15th street.

    (3) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points North and East



    (1) From 295-S/Baltimore Washington Parkway take the US 50W/ Newyork Ave exit and go aprrox 5 miles

    (2) Make a left on to I-395 S and go approx 2 miles

    (3) Take the 12th St SW/Downtown exit and Make a left on Independence Ave with in 0.5 mile

    (4) Arrive at the Independence ave and 15th street interesection in .5 miles. Buses will drop off IV members and will be parked at RFK Stadium



    Departure Advisory


    For people departing via WMATA Metro Rail/Bus



    There are two Metro stations close to the US Capitol West lawn



    (1) Union Station Metro on the Red line. (closer to west lawn by walk)

    (2) Capitol South Metro on the Orange & Blue line.



    Find out on what Metro Line (Blue/Orange/Red/Green/Yellow or Combination) your destination / Metro station is and chose either of the above Metro stations. Simply, Go to wmata website and get your itinerary. Your destination can be a Metro rail stop or some thing that is connected by both rail and bus.



    Walking Directions to Union Station Metro Station



    (1) Head North on 1st St NW towards Constitution ave approx 0.1 mile

    (2) Make Right turn on Louisiana Ave to walk towards columbus circle approx .25 miles

    (3) Cross the Columbus Circle to arrive at Union Station Metro.







    Walking Directions to Capitol South Metro Station



    (1) Head South on 1st st NW towards Independence ave, approx 0.1 mile

    (2) Make Left turn on Independence avenue and walk East approx 0.2 miles

    (3) Make a Right turn on New Jersey avenue and walk South approx 0.1 mile going past Cannon House building and C st SE

    (4) Make a Left turn on D st SE and walk East approx 0.1 mile to arrive at US Capitol South Metro.



    For People departing via IV Charter Buses


    There is no pick up available around the US Capitol. IV Charter buses will be parked at the RFK Stadium which is accessible via METRO. The Metro stop is Armory Stadium which is on the Orange/Blue lines and is the 3rd stop from US Capitol South Metro. (Trains towards New Carrollton/ Largo Town Center)



    (1) Follow the Walking directions to US Capitol South from the US Capitol West lawn as listed above

    (2) Ride the Orange/Blue line to get down at the Armory/Stadium Metro stop.

    (3) Walk towards Lot 7 from the Armory stadium. Street Signs will be available from the Metro station

    (4) Board the bus and your Bus lead/Driver will get you to your destination



    Please make sure that you have the bus lead(s) phone number and there will be a roll call before the bus departs. For exact timings of departure, please talk to your bus lead.



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  • spicy_guy
    11-24 04:47 PM
    I prefer in this order.

    - WellsFargo Money Transfer Service
    - SBI
    - ICICI




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  • belmontboy
    11-17 02:19 AM
    [source: http://www.jackson-hertogs.com/misc/permdesc.htm]

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.



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  • neha_garg123
    01-07 10:09 PM
    I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
    I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
    Now do I make some sense?




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  • arunmohan
    04-01 12:28 PM
    greenguru:

    Congratulation.

    From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?

    Once again congratulation and Enjoy your freedom.

    Thanks a lot.




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  • antihero
    11-27 12:36 AM
    If we have an AP, then do we still require a transit visa?

    I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.




    sukhyani
    10-16 02:01 PM
    speaking of SKIL Act, I dont know why I feel pretty optimistic that it might get passed during the lame duck session of Congress. Since December last year (Budget Reconciliation) we have seen House and Senate not agreeing on provisions favorable to us. This time both the chambers have identical bills favoring us. Let's keep our fingures crossed...




    Project_A
    11-11 10:48 AM
    Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?

    Thank you
    Project_A



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