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  • alterego
    12-12 07:09 PM
    How there could be demand for visa numbers for EB2 India between the years 2000 & 2002. The possible sources of such visa number demand would be from BEC or LC substitution. Both require filing a new I-140 recently, which most likely would not have been approved yet. Are visa numbers alloted even before I-140 is approved??

    Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.

    You forget that BECs were clearing up since some time now, and that 140PP was available until late July. Which person in his/her right mind having endured the BEC nightmare would not have done the 140PP, and if they did that and filed concurrently, then if all goes well 485 could easily get wrapped up in 4-6 months. I know of a person from EB2 ROW who got his green card start(PERM) to finish(485 approval) in 8mths flat. Similar examples, if a little slower abound at . To him this can seem an efficient system!





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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.





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  • waitnwatch
    10-02 03:31 PM
    When you get a new H1-B approval you get a new I94 too in the mail .You are supposed to staple it to the old I-94 (I think this instruction is contained somewhere within the new I-94). When you leave the US you are supposed to hand over both I-94 cards (no exceptions). When you come back you get a new I-94 at immigration. The I-94 is a entry/exit departure tracking mechanism and if this record does not show up correctly when you are coming back in you may be in for some problems.





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  • sidbee
    01-02 02:09 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??



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  • gccube
    04-11 03:18 PM
    I am searching on the wrong parameters. My bad. Thanks again for the reply.





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  • lostinbeta
    10-20 02:13 AM
    Very nice as usual edwin :)



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  • gcwanted101
    09-01 12:10 PM
    Hi
    I have my Labor and 140 approved. (140 approved in Jan 2009)
    But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
    So I am planning to request both of this by making FOIA request to DOL and USCIS.
    I have done some ground work for that. Now here are my questions.
    1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
    Or are both of this employer�s petitions?
    2) I have heard that after six month of 140 approvals it become employee petition.
    How much true is that?
    If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.





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  • django.stone
    01-25 07:49 PM
    Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)

    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(



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  • June05
    08-06 11:33 AM
    Congratulations!

    Quick question: Do you know what your online receive date was before the application got approved? This is the date the USCIS website states that they received your application on. Thx





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  • gcinterview
    05-12 04:47 PM
    I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.

    History:
    My 485 was filed in NSC in July'2007.
    I have 2 I-140 petitions, and dates are current(Eb2 India).
    Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
    Case got transferred from NSC to local office in April'2009
    After about 8 days of transfer to the local office I received Code 1 Finger print notices.

    What does that mean? Any one had similar experiences?

    Here is the message I got last month.

    We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    Thanks for the link. Looks like I will have to get ready for an interview!!!!



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  • xu1
    07-28 05:41 AM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?
    My EB3 perm took about less than 5 months from pre-app to approval, during which there was about 3 weeks of delay due to my own mistakes.

    Pre-app ad campaign for me took the lawyer about < one month for the job description, one month for posting, and two months for interviews and filtering and stuff, maybe another couple of weeks for final prep and filing. It was approved in less than 2 weeks of time.





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  • skothuru
    07-18 10:35 AM
    Check with this:

    If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?

    If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.



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  • somegchuh
    09-22 06:54 PM
    Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?

    We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.


    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.





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  • Alabaman
    05-21 08:11 AM
    they did all these on the road? Laptop? Phones? Throw more light



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  • waitin_toolong
    07-27 09:37 AM
    she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.

    The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.

    If the case had been different, she was applying for H1 then she would have needed an approved petition first.





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  • Norristown
    11-14 04:27 PM
    Currently job market is little bit tight. Employers are asking for GC or citizenship.
    By the time we seek perm job, EAD shows only remaining 6 months validity. That might scare some employers. Employers pay more for contractors than employees. So I see you mau get small hike in salary...



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  • michael_trs
    05-12 02:51 PM
    Please review my ETA 9089, it must fit EB2.

    H.3. Job title: SENIOR SOFTWARE ENGINEER
    H.4. Education: minimum level required: MASTER'S
    H.4-B. Major field of study: COMPUTER SCIENCE
    H.5. Is training required in the job opportunity? NO
    H.6. Is experience in the job offered required for the job? YES
    H.6-A. If Yes, number of months experience required: 12
    7. Is there an alternate field of study that is acceptable? NO
    H.8. Is there an alternate combination of education and experience that is acceptable? NO
    H.11. Job duties:
    Analyze, design, coordinate and supervise the development of software systems.....
    Design and develop programming systems making specific determinations....
    Responsible for development of new programs, analyzes...
    Responsible for analysis of current programs including performance�.
    Review and repair legacy code�.
    H.12. Are the job opportunity's requirements normal for the occupation? YES
    H.14. Specific skills or other requirements: EMPTY


    I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.

    Thank you,





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  • willIWill
    07-16 01:01 PM
    Thanks for the suggestions Rockstart.

    Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.

    One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.





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  • vinkapoor
    10-24 04:29 PM
    The online status of my EAD application indicated that EAD card was ordered and then approved back on October 01, 2007. I have still not received card in my mail. Anyone in same situation?





    priti8888
    08-16 11:09 AM
    Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..

    Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...


    They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.





    sam_hoosier
    12-14 10:35 AM
    Munnabhai,

    I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.

    Why are you HOPING to get rejected ? :D

    But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.



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