Thursday, June 23, 2011

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  • eb3India
    05-22 09:22 AM
    Admin,

    I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.

    However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject

    for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.

    as I write I am googling on this subject and will provide my findings

    between, guys we are all in a same boat we should work collective to get out of this mess





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  • a_yaja
    01-07 04:07 PM
    Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.





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  • needhelp!
    10-09 04:21 PM
    members wanted..





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  • shreekhand
    08-03 12:39 AM
    Well...most of the applications who applied for I-485 before retrogression hit in 2005 are already approved. So actually we are not seeing an effect of those applications.

    What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!



    We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??



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  • ssdtm
    12-12 04:06 PM
    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.





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  • rick_rajvanshi
    04-22 12:19 PM
    There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

    A denial can happen when RFEs are not responded in time.

    From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

    If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee



    I think it is quite normal that we are getting barrage of RFEs from USCIS. This perhaps is not due to recession or economy at all. It is also not unusual in my opinion. You are simply forgetting the fact that during July-Aug 2007 , so many of us filed 485s together. So its quite natural that when these cases are being processed, we are getting RFEs to re-check for authentications and cases are being pre-adjudicated and approvals are pending for lack of visa numbers. Nothing unusual. En mass filing is resulting in En mass RFEs.



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  • jliechty
    January 4th, 2005, 11:25 PM
    The selective coloration of this one works well, IMHO.





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  • jonty_11
    07-11 04:38 PM
    Normally a Month, ask ur lawyer to call and find out.



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  • forgerator
    09-05 05:18 PM
    EB3 India se pehle EB3 ROW ka number aye ga ... maybe even before EB2 I :D





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  • Munna Bhai
    12-14 10:15 AM
    RFEs these days? Especialy for I140s?

    Yes, too many RFEs and we can expect more very soon because of AC21 usage etc.



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  • njboy
    05-08 10:33 AM
    Pa** may be denigratory in England, but to me, its like saying "desi". Is "desi" denigratory too? I was just guiding our friend to forums that might be able to help him better. Im sorry if any offence was taken.
    Kind regards





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  • cjain
    08-10 03:45 PM
    from AILA

    http://www.aila.org/content/fileviewer.aspx?docid=23079&linkid=164409



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  • vin13
    01-08 12:30 PM
    LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

    I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

    Any comments......





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  • sravani
    05-24 10:28 AM
    Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.

    It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is "Get your priority date locked by applying LC under the old system".



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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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  • snathan
    01-31 09:57 PM
    Dear all,

    I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?

    I rely on him for all this but I get no help.

    Thank you for your support.

    Again, my apologies.

    Give it me and will keep it safe for you....:D

    It depends on how much you have to invest, whats your future plan, your background and if there is any family property....

    Normally you have to have three different kind of investment. 1/3 - cash, 1/3- property and 1/3 in stock or MF. Again 50:50 here and in India if you have plan to go back to India in the future.

    Or consider option one.



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  • Hassan11
    04-08 11:13 AM
    is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.


    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.





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  • kaisersose
    07-30 09:15 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.

    2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.

    3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.

    Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.





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  • ca_immigrant
    01-14 05:43 PM
    Congrats !

    and thank you to desi485 for posting the link

    Good one and particulary moving was the last point ... -:)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....

    but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....

    neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
    (They are in India with my elder borther)

    oops...sorry for writing something out of context....

    but again Congrats !!





    Green.Tech
    07-23 06:40 PM
    AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.





    Earned_GC
    06-17 10:11 AM
    I am in the same boat. lets us wait and watch .

    We should continue this thread and lets see what people has to say.



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