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Almond
07-18 09:52 AM
My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
Sick and tired of waiting ...

I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!
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tabletpc
04-06 01:02 PM
Thanks guys for inputs...!!!

I have emailed to chennai consulate..hope they get back to me tomorrow.
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sukhyani
03-05 02:04 PM
copy of current employment letter and future job offer...Does this has to be with same company...OR...

Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???

My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.

If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
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milind70
10-15 10:45 AM
Hello Gurus,
I am EB3 India with PD September 2002.

After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.

Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.

In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.

I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.

Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.

Any inputs/advise are really appreciated.

IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.

Thanks a lot.

I think you should be fine, just be confident dont waiver in interview.
Stick to what is on paper.
Regarding your PD it is of utmost importance that you get it corrected now
than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .
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georchen
08-02 07:08 AM
Hello Core Members ,

We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .

Thanks
Kumar

make sure that uscis does not play a tric to us after aug 17th.
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kghoshal
02-18 06:49 PM
Last December, 2006 I got laid off because of company downsizing. My last pay stub was dated 12/15/2006. My LC was pending more than 365 days in my last company. Recently I got new job offer. My new company attorney is collecting all my immigration related information for filing H1-B extension from me. I have almost 60 days employment gap when my new company attorney file my 8th year H1-B extension.

I like to know the consequence of my 60 days employment gap. Whether my H1-B extension will be denied by USCIS? I will greatly appreciate your valuable suggestions as I am very much worried.
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newuser
09-15 01:11 PM
I am in
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skpanda
05-17 07:10 PM
Upgrade of the existing case.

Good Luck!

Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
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chilushah
11-03 02:30 AM
Team, My Labor is filed under PERM was Audited and now approved.

For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).

I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

Can this be applied in EB2?

Thanks!
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goel_ar
01-10 02:08 PM
As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
Side question, very much related to OP's question.

How to run the payroll while you still waiting for SSN?

My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

Thanks
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guesswho
10-23 08:09 PM
Anyone going to Nogales for visa, I would suggest reading my exp:

http://immigrationvoice.org/forum/showthread.php?p=208797#post208797
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indo_obama
05-12 11:45 AM
Wow didnt know everybody here are Super Immigrants....... legal ...Illegal and now super..... whats next duper immigrants
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485Mbe4001
04-30 12:28 PM
... does it imply that you can work abroad while your work GC is being processed... speculation, no doubt:rolleyes:


According to the WSJ Article today (4/30/07):
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

http://immigrationvoice.org/forum/showthread.php?t=3900&page=49



:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

I am really freaked out. Can someone please shed some light on this.


(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
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dipmay2002
11-05 02:08 PM
Notarized NOC is needed from you and your wife but was never checked for my daughter when she came back from India with my mother-in-law six month back.
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abhijitp
07-17 06:19 PM
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director.

The gov agency had to take note of the IV led campaigns! Great job IV!
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kaisersose
04-16 03:17 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.

EAD is not a status like H-1 or H-4.

The status should be AOS , pending 485, etc.
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vicks_don
12-11 02:21 PM
You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.
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garika
12-30 07:22 PM
I agree with the monetary clout aspect of the argument and would participate in such an effort. I also feel we have to initiate high visibility events on the lines of the DC event. Two suggestions I would like to float,

(1) Can state chapter memberships be made paid for with annual memberships. There are efforts to channelize information through the state chapters (and rightly so) - there could be others such benefits that can be made available in due course.

(2) Can we extend/magnify the entrepreneural theme of IV (beyond a discussion thread) by having a substantial program dedicated to the entrepreneurship aspirations of a good number of IV members - have a business plan competition amongst members, garner support of successful immigrant entrepreneurs as part of the program, have webinars to educate legal aspects and barriers faced (due to our limbo). In essence, make visible the entrepreneural potential locked. Also, it might help transform our image from job takers to job creators. We can partner with other entrepreneural support organizations to fund the program. If we can execute a truly great Business Plan competition and attract venture capital funds we can have certain percentage of venture funding go to IV. If IV members and core think that this suggestion has some merit, I can help evaluate/extend/shape the idea with other like minded individuals.
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bbct
04-16 09:59 AM
FYI, the response from my attorney firm -

Question -
1) Can we request for an extension of time - if in case the time allocated to respond is 30 days or less?

Response -
1) A request can not be made for an extension on any RFE response times.
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skpanda
05-17 07:03 PM
This is a tricky situation. I would suggest you consult your attorney.

Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.

In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.

Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!

Please update here about any new developments in your case!!

All the very best!


Thanks Nathan for quick response.

But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

Are there more people like me here? who were born outside of india, but are Indian citizens?

Thank you for help
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chanduv23
03-24 10:26 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"

I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!



Request for Evidence



The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.

Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.

You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.

Officer # 11**

This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.
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