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  • punjabi
    01-28 09:47 AM
    CONGRATULATIONS!!!

    Please donate some money to IV at the earliest so IV can continue to fight for others!!

    Enjoy your new life!


    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.





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  • gcwait2007
    07-07 01:25 PM
    My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.

    The status of this service request is:

    Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.

    What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.

    please advise guys ..
    thanks,
    narendra

    As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.





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  • qtoask
    07-11 11:34 AM
    After the Flower show at USCIS...


    Let's send out Your State Postal Cards. These cards you can get in any gift shops, Grocery, wal-mart.

    The Card Cost and Postage is Less than 1$.


    Address to be sent:

    Emilio Gonzalez
    USCIS
    20 Massachusetts Avenue NW
    Washington D.C. 20529


    Message on the Card

    "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin
    [ first-name last-name ] - An employment based immigrant."





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  • Milind123
    08-14 06:00 PM
    Do do your DD before signing on the dotted line. esp if the company is offering 1/2 mil for $22, I will check the ratings of such companies. Of course you want to make sure they are around when it is time to pay.



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  • samrat_bhargava_vihari
    02-08 09:06 AM
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.

    L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.

    Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.





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  • jsb
    01-08 10:03 AM
    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf



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  • h1techSlave
    01-05 11:57 AM
    Is Eb3 --> Eb2 porting a wide spread phenomina?

    Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs





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  • praveenuppaluri
    02-21 08:02 PM
    nmdial and sac-r-ten
    thanks for your responses. I am going forward with "do not apply" option for now.



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  • Lasantha
    02-20 01:53 PM
    If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?

    But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.

    Also be ready for RFEs.

    I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters





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  • longq
    03-29 11:30 PM
    If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -

    :-)

    Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.

    My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
    Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.



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  • Prashanthi
    05-08 03:39 PM
    Based on the facts that you have given, you should be able to use 245K in this case.





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  • ups
    05-07 02:59 PM
    I and my husband both of us lost our passports too. We got it stamped again when we went to India. In between I transferred my h1s also with the copy of lost passport and duplicate passport issued by indian embassy ny office. It wasn't too difficult to get it stamped again from mumbai consulate india.

    You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.

    Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport



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  • jonty_11
    02-05 04:25 PM
    Sounds like another case of Consultancy Exploitation of Skiller Worker (CESW).
    If they are not showing the intent to deny letter, they may be want to prevent you from quitting the company and going elsewhere now that u have ur 3 yr H1B with you.....be mindful of that.





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  • kevinkris
    08-16 12:36 PM
    Hi All,

    My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?

    When i asked for the reason they are saying they did intentionally. Please clarify.



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  • apahilaj
    09-19 02:42 PM
    Just an update -

    I just called USCIS for the FP notice and she mentioned that the appointment has been ordered but the notice has not been sent yet. Probably because the newark ASC must be overbooked. She asked me to wait for 30 days from now and if I don't receive anything, call them back.

    Will wait and hope...





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  • deecha
    06-18 02:02 AM
    Hi,

    My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
    notice. I have not filed 485. This is my 10th year in H1b visa.

    My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
    India for 1 year, My employer may or may not apply for my H1B renewal.

    If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
    possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
    the future ?

    Any one, Please kindly give your suggestions.

    Thanks

    Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.

    I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.



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  • cgs
    02-08 08:57 AM
    Is there anything like this, if yes can you throw some light on it.
    As far as I know for any L1 to become H1 needs to apply in the new H1 quota.


    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.





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  • sweet_jungle
    08-21 12:09 PM
    I have not even used my EAD. I expect it to be related to Birth certificate as i didn't have original and submitted affidavit etc. But not sure may be something else too.

    My lawyer had applied for EB2 in I-140 but approval came for EB3. then they reapplied and next approval came for EB2. May be that.

    Just guessing as that's the only thing i can do now.

    One intresting thing i think my case might have got picked is we applied for my husband's EAD and after that have seen soft LUDs on our cases. may be just coincidence.

    what about biometrics? Did you have the issue of biometrics not being attached to file like most other nsc_csc_nsc people?





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  • silvergga
    02-27 02:20 PM
    Mostly my question was misunderstood...

    I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...

    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...

    1) EB3 people believe and argue that it doesn't matter.
    2) From what I have noticed on , eb1 > eb2 > eb3.
    3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
    4) In the end, USCIS is a black box system and no one knows exactly how they work.
    5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
    6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.





    vdlrao
    05-11 03:24 PM
    WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
    If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.

    If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.

    .





    rego
    04-22 11:43 AM
    My Regular H1 Extension (8th Year) was approved in one week, in March.