hopelessGC
04-28 11:44 AM
Very similar issue happened with my relative just a couple of months ago.
Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.
Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.
Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)
Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.
Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.
Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)
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imh1b
02-16 10:48 AM
Time for paid membership on this website...at least $5 a month..else, we will these kind of non-sense discussion threads...waste of time and resources (Including this message)
These time- pass threads are better than EB2 Vs EB3 threads.
These time- pass threads are better than EB2 Vs EB3 threads.
xbohdpukc
03-26 07:33 PM
Wow ! We are in wrong field :)
Deduct all the required insurance premiums, work related stress, real possibility of a major screwup/lawsuit, as well as years spent in school/residency/training etc, and I'm sure you'll reconsider your position about being in a wrong field :D
Deduct all the required insurance premiums, work related stress, real possibility of a major screwup/lawsuit, as well as years spent in school/residency/training etc, and I'm sure you'll reconsider your position about being in a wrong field :D
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arnab221
11-11 01:23 PM
Please check this post by murthy on Non 09, 2007
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
This year has seen like a 100 letters go back and forth between the house and senate on High skilled immigration , and we are where we were . The only outcome that the senators have had is they have improved their letter writing skills :D, and the only advantage nancy pelosi has had is that she is now the proud owner of a file which by now is 100 letters thick all pleading her to reform the immigration process and how prodly she can proclaim that she has done NOTHING to improve our plight . :D
SORRY to SAY this but cannot help but be sarcastic. :confused:
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
This year has seen like a 100 letters go back and forth between the house and senate on High skilled immigration , and we are where we were . The only outcome that the senators have had is they have improved their letter writing skills :D, and the only advantage nancy pelosi has had is that she is now the proud owner of a file which by now is 100 letters thick all pleading her to reform the immigration process and how prodly she can proclaim that she has done NOTHING to improve our plight . :D
SORRY to SAY this but cannot help but be sarcastic. :confused:
more...
kak1978
11-30 02:33 PM
I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!
kshitijnt
04-17 03:17 PM
i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
more...
speddi
09-12 04:35 PM
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
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gcseeker2002
11-04 03:29 PM
Also thanks to the sleeping gowda(devegowda) family and congress party in karnataka for being so busy amassing massive amount of personal wealth and fighting with BJP that they gave up any interest to ask for the consulate in Bangalore.
more...
thomachan72
10-19 12:27 PM
Very informative replies. Thanks!!
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uma001
11-05 11:48 AM
For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.
Thanks Kumar
Thanks Kumar
more...
gc_seeker_2001
02-01 12:31 AM
Thanks everyone for the feedbacks. My EB2 I40 has not been approved, as it was filed only a month back.
From your responses it seems like sticking with EB-3 is better right?
When I checked with my lawyer (current company) they mentioned that, along with EB-2 I40 application, they have put a request to adjudicate the pending AOS based on the earliest priority date (EB2). They are also planning to do the same after, EB2 I-140 gets approved. I didn't expect them to do this along with I-140 filing. Had they waited till I-140 approval, they could have made a better decision to stick with EB3 or put a request to adjudicate AOS based on EB2 depending upon the state of the priority dates at that time :(
I am planning to check with the lawyer, if they can withdraw the EB2 I-140.
From your responses it seems like sticking with EB-3 is better right?
When I checked with my lawyer (current company) they mentioned that, along with EB-2 I40 application, they have put a request to adjudicate the pending AOS based on the earliest priority date (EB2). They are also planning to do the same after, EB2 I-140 gets approved. I didn't expect them to do this along with I-140 filing. Had they waited till I-140 approval, they could have made a better decision to stick with EB3 or put a request to adjudicate AOS based on EB2 depending upon the state of the priority dates at that time :(
I am planning to check with the lawyer, if they can withdraw the EB2 I-140.
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hmehta
09-23 07:53 PM
Yes, I am in the same Boat - My 485 was filed on July 19th but haven't received my receipt yet (485 filed at TSC)!
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
more...
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karthiknv143
04-13 04:57 PM
This is different from the SKILL bill.
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dhirajs98
07-12 01:24 PM
Hello Friends,
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.
All the best ...
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.
All the best ...
more...
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jindal_sanjeev
06-23 01:59 PM
Thanks for the response guys.
I will have to pay penalty if i amend my return. But i guess to be on the safe side i will have to do that.
I will have to pay penalty if i amend my return. But i guess to be on the safe side i will have to do that.
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sanju_dba
06-21 05:09 PM
Use your DigiCam
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
more...
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chitra
02-26 01:50 PM
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
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gc_on_demand
05-19 01:42 PM
Is the intention to tie up ability to file I-485 with the newly proposed 2-tier processing of AOS cases i.e. step 1) pre-adjudication and step 2) issuance of GC once the visa numbers are available?
I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.
I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.
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ivar
01-21 04:23 PM
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
gccovet
10-09 01:27 PM
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
I would suggest you not to take this lightly, though some IO on phone said so. I would suggest you to go for infopass ASAP
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
I would suggest you not to take this lightly, though some IO on phone said so. I would suggest you to go for infopass ASAP
thatwillbeit
10-03 02:58 PM
gc_mania_03,
Sorry for the delay in replying, I just saw the message and replying to it as soon as I saw it.
Anyway, I did send the photographs to the Service Center along with covering letter explaining the issue along with a copy of the AP receipt notice.
I did not get any RFE for AP and they approved it about 6-8 weeks after I sent over the photographs.
Hope this helps
Sorry for the delay in replying, I just saw the message and replying to it as soon as I saw it.
Anyway, I did send the photographs to the Service Center along with covering letter explaining the issue along with a copy of the AP receipt notice.
I did not get any RFE for AP and they approved it about 6-8 weeks after I sent over the photographs.
Hope this helps
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