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  • H1B-GC
    02-01 08:30 AM
    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks

    Congrats Buddy!!





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  • kondur_007
    04-06 01:26 PM
    One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?

    AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)





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  • GCwaitforever
    07-14 06:37 AM
    This is great news. :) This increases the chances of letting the bill fly through all the obstacles the House.





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  • wildcat1313
    03-30 11:32 PM
    Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them

    Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.



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  • BumbleBee
    08-16 04:42 PM
    Please be aware that experience gained at sponsoring employer can not be counted towards fulfilling minimum qualification requirement for labor certification. You must prove your qualification to the job prior to joining the sponsoring employer... minor details.
    So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.

    BumbleBee





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  • thediablo
    05-30 03:19 PM
    oh MAN! THIS SUCKS

    i think Soul site really sucks. :D



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  • smuggymba
    10-07 09:59 PM
    Always keep a soft copy of the approval notices with you. I have paystubs on ADP so I can pull it online any time. At my previous comp, all my payslips where on the intranet.

    USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.





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  • agc2005
    11-04 09:38 AM
    munnashi:

    Actually you don't get copy of I140, the employer and lawyer who gets the Approval notices. There is no rule that they have to give you copy.



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  • santb1975
    02-17 11:13 PM
    Thanks to everyone who participated today. We are looking to have another signing event next week. A big Thankyou to everyone who drove from SanDiego to Artesia to take part in this.





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  • larryking
    10-23 07:30 PM
    Deall All,

    Thanks for your replies...i hope you gurus can shed some light into my situation:

    labor(EB3) priority date 18 jan07.
    I -140 has been approved june 25 2007.
    I - 485 ucsis filing date july 19th 2007
    EAD recvd Oct 16th 2007 valid till 3rd oct 2008
    fingerprinting scheduled nov 7th 2007
    H1 and H4 for me & my wife expires may 20th 2008

    Here are my questions:

    1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)

    2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?

    3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?

    4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?

    Thanks for your replies.



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  • clockwork
    05-10 10:15 AM
    Guys,
    I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.





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  • haifromsk@yahoo.com
    02-08 11:51 PM
    GUYS please stop advicing her. Let her consult an attorney. Please do not lead
    her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
    Good luck and god bless you



    As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...

    a) What is your current Immigration Status ?
    b) Do you have SSN ?
    c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !

    d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?

    e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"

    That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .

    Good Luck !



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  • bkarnik
    11-03 04:34 PM
    Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.

    I would suggest talking to an attorney specializing in contracts.





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  • perm2gc
    11-04 12:03 AM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?


    you are confusing....


    What i understand is that you want to work for the current client with different consulting company than the one you are currently working..you cannot do it as NCA will cover it .

    if You want you can fight..its upto you..Consult a good Attorny as our friends here have mentioned..



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  • harishgowda
    05-19 08:08 AM
    Hello,

    My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
    I have worked in US from October 2008 to January 2009.

    Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

    Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

    I am thinking to reapply again in next 2 day.

    Can anyone help me what should i do in this case?

    Thanks,
    Harish Gowda





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  • arnet
    11-16 12:28 AM
    you can use any of the consulates in india.

    but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.

    disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.

    I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..



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  • TeddyKoochu
    05-19 03:09 PM
    I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.

    I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).





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  • waitingnwaiting
    01-19 04:02 PM
    I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
    1) waitingwating
    Others pls add more if you know:D:D

    Not funny.
    If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.





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  • vallabhu
    01-02 01:53 PM
    I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason

    my labor is filed EB3 Skilled worker

    he mentioned with in EB3 there are 2 categories Skilled and professional

    for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.

    but for eb3 skilled employer has complete discretion of defining edu requirements.

    mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.

    h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled

    his plan of action is to send them evaluations from multiple academies as you guys have mentioned.

    and it looks very fishy from the denial letter

    denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.

    and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.

    I can paste exact content of denial by tomorrow.





    fortune50
    07-17 09:24 PM
    Hi,
    My I-140 approved in TSC( premium processing)
    My Attorney sent my I-485 on July 2 to TSC
    my labor approved from Wisconsin
    but I read somewhere all applications needs to go to NSC , is it true?
    I greatly appreciate your help





    japs19
    02-25 02:54 PM
    My case was transferred to local office of Los Angeles, CA. I received a note saying on Dec 7th it was transferred to expedite the processing and they (LA office) will let me know when decision is made.
    Current processing date for I-485 is August 19th. Does that mean that when they reach Dec 7th they will process my case regardless of my PD(which is June 05)?