Monday, June 13, 2011

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  • meridiani.planum
    02-01 11:23 PM
    Guys

    I recently got my 485 approved and got my card too. My wife's case is bit complicated.
    I would appreciate if someone can throw light on this.

    She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.

    I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.

    Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.

    But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?

    thanks
    mdy_tvr

    yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.




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  • BharatPremi
    07-12 10:57 AM
    Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.

    Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...

    Not claiming to make some new discovery here... merely stating that it kinda makes sense now.

    Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...

    jazz

    What conference call you heard was more emphasizing not to file during July with a secure note that filing would not hurt too. But after that lot of water has flowen down from upper Ganges to Bengal Bay. After that Rajiv changed the opinion and specifically put a note on home page of immigration.com. That note now says it is smart to file in July. This gives us the hint, at least I beileve, in the background USCIS is forced to come up with favorable solution to us perhaps without the need of lawsuite by AILF. Around same time Greg Siskind came up with news that USCIS is holding the cases.. So let's wait




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  • gccovet
    09-04 09:39 AM
    Hi,
    I apologize in advance if this has been discussed before.

    My case:
    Currently working on H1 with Company CURR, on 8th year of H1,

    H1 validity Dec 2009.
    I-140 approved > 180 days,
    I-485 filed > 180 days
    Currently have 2 year validity EAD.

    Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)

    Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?

    I would appreciate any input on this matter. I need to take some decision very soon.

    Thank you all.

    Regards

    GCCovet




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  • perm2gc
    12-01 06:23 PM
    this info is incorrect. from a murthy chat transcript...... available at :

    http://www.murthy.com/chatlogs/ch102306_P.html

    Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.

    Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
    hmm..its a news for me.thks for correcting me.



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  • krishmunn
    01-05 12:55 PM
    They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.

    As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .




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  • jonty_11
    11-02 10:51 AM
    Folks,
    Please don't give wrong information so authoritatively :)

    Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.

    If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.

    Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).

    Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
    GCisLottery,

    Please read posts carefully, as nelsonagn has pointed out..



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  • rhdiln
    06-06 03:23 PM
    I was associated with allied informatics for 4 years. My experience is very bad with company. Please be careful. they are bunch of bad people.




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  • waiting4gc
    04-15 04:42 PM
    Its nice to see good news from more and more people. Enjoy your new found freedom!!

    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)



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  • chanvizgran
    03-06 08:48 AM
    Hi BPforGC,

    Could you please provide me the contact number for nebraska service center and thanks for your advice.




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  • Mumbai_girl
    12-03 11:58 AM
    What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.

    bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.



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  • sabr
    09-18 01:40 PM
    my I-140 is pending for than 600 days as well in addition to my pending I-485.
    while using EAD with my current GC applying employer(lets say not
    getting paid as in this economy its hard to find corp to corp jobs), can I
    work another job full time using EAD?




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  • dealsnet
    02-26 01:22 PM
    Don't answer to this person. He is started many threads and make funny questions. He is wasting our time. All contradition. See some of his postings below. One question he talks about receiving GC posted to his parents. Another talks about his sister. Admin................Please take care of this guy.!!!!!!!!!


    Originally Posted by nirdlalegcade
    yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
    Today, 01:37 PM
    nirdlalegcade
    Junior Member Join Date: Jan 2008
    Posts: 15



    what if
    ________________________________________
    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?


    01-20 05:08 PM
    nirdlalegcade
    Junior Member Join Date: Jan 2008
    Posts: 15



    leaving US without greencard but has H4 visa.
    ________________________________________
    Hi to all. (questions are in BOLD, RED / GREEN words)

    Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
    My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
    Another question is:
    If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
    PLEASE HELP ME.
    I appreciate any help. Thank you.
    cause i'm kinda desperate. he-he-he.
    ________________________________________
    Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.


    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?



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  • Suvendra
    01-10 10:59 PM
    Hello,

    wanted to know, what happens to employees of Vision Systems Group and its sister company's employees immigration status. as every one know VSGINC has allegations from USCIS on immigration fraud and H-1B.

    Employees like me no where related to there fraud. how USCIS reacts on employees pending 485?. Most of the employees are moved out using AC21.




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  • snthampi
    08-16 02:24 PM
    Hi ,
    I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
    Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
    He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
    Thanks,
    Srikanth

    As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.



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  • kabeer_g
    01-12 12:13 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks




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  • rbashir
    06-11 09:12 PM
    Guys
    I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
    Please Please advice me on this matter.

    Thanks



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  • MahaBharatGC
    10-16 03:03 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------

    This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
    ***********
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    ***********

    What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?




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  • permfiling
    12-10 01:03 AM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.




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  • senthil1
    04-10 06:20 PM
    The numbers were not too much as the expectation was much more as last 2 years cap was reached and expected to file more persons. If H1b is filed based on real job requirements the cap must be enough.

    this happened because alot of students filed through multiple employers
    (read desi consultants) to better their chances

    i hope they do something about this artificial inflation and fraud bodyshoppers

    the masters quota would never have gone into lottery then




    maddipati1
    12-03 03:24 PM
    there are lot of threads abt this topic. search it.

    read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.




    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!




    ivar
    02-07 09:46 AM
    IVAR congratulations once again to you and your family, enjoy the green and free life to the fullest now.

    Teddy,

    Thanks for all your support, you are doing a great job by keeping the predictions thread alive, it gives lot of hope to everyone and encourages to hang on. I wish everyone will get there soon.



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