Monday, June 13, 2011

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  • puskeygadha
    06-02 09:03 PM
    I am a client of fragemonon and what does it mean now
    my case was audited on may 21. They were saying there are 10,000
    cases they filed and all are audited. What is supervised recruitment

    ?????

    are we doomed?





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  • meridiani.planum
    07-10 09:22 PM
    inline...

    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?

    -- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.


    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?

    yes, he will get a one year extension since his LC is atleast one yaer old.

    3. What if the old employer revokes his I140 now? His GC process is invalid?

    yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.

    4. If we leave about GC, Can he do H1 transfer atleast?

    yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
    He will also need a copy of his labor certificate to be able to file a transfer+extension.
    At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved





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  • bombaysardar
    07-23 03:35 PM
    J. BARRRET - Jul 2nd at 10:25 AM

    same person, same time :)





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  • xela
    11-19 06:27 PM
    No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.

    Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
    I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
    Fear drives people to find a black sheep but let us not jump in there too and start hating...

    Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:



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  • Suva
    04-30 12:22 PM
    Nop...

    I was wondering if they have restarted premium processing for I-140 yet?





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  • Jaime
    09-15 06:26 PM
    People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:

    1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.

    2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)

    3) These guys have the support of their employers.(they got/took/were allowed time off from work)

    Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
    Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.

    This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.

    Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!



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  • Jaime
    02-03 04:56 PM
    Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

    1- Approximate PERM processing times (from filing time) for EB2
    The time it takes to file your paper work depends on the lawyer and company.

    The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

    2- Approximate I-485 and I-140 processing times from filing date for EB2
    For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
    For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

    There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

    If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

    If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

    So the answer is, it depends.

    4- Are I-140 and I-485 still being filed concurrently?

    Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

    Hope this helps!

    Thanks! And no, I have not gotten my green card, not even close!!

    However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?





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  • waitingGC
    03-09 10:13 AM
    I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
    The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
    I strongly feel L1-A visa holders shud not be put in EB-1 category.
    What do you think.

    Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?



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  • Sunx_2004
    10-08 04:29 PM
    I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.

    Did your attorney replied back?





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  • kaushik07
    10-30 08:13 AM
    Iam july 2nd filers for I-485, I-765 and I-131 at the Nebraska Service center. Haven't seen any activity yet. called the USCIS last evening and the answer I got is still not in the system. Is there anyone who is still in the same boat? please update!



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  • sanjay02
    08-04 02:38 PM
    Guys
    I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.

    Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.

    Can some one post the FAX #s to expedite EAD requests?





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  • wellwisher02
    04-09 05:39 PM
    IV is meant for discussing topics/issues related to employment-based green cards. I am not sure if we can discuss any other extraneous topic here. :confused:



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  • satishku_2000
    08-04 11:52 PM
    Unless you want to get ready for boilerplate RFEs on the 140 dont go for premium processing. They just issue RFEs to make sure that case is "processed".





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  • dessoya
    10-20 04:09 AM
    congrats, phat7! =)

    ~:azn:



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  • ak_manu
    09-17 01:37 PM
    Also make sure you DO NOT FLY British Airways as you would need Transit visa with expired H1 stamping. Suggest to renew EAD. Consult your lawyer.





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  • a1b2c3
    05-21 11:54 AM
    please reply in case you need more info



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  • senthil1
    05-25 01:52 AM
    No need to be scared of CIR. Even CIR is passed in current form US will reward right people those who are ready to take challenges. Make note of people who came for study in 1970 to 1995 How did they survive and overcome lot of issues. Those who want to get greencard on arrival has to forget and pack the bags. Those who has patience and work hard will get all including gc. There is always a way.

    The latest version of the CIR bill majorly messes up legal immigrants' lives.
    My advice would be to get ready to pack your bags and go back home.
    The H1B provisions will make it impossible for you to stay here for long.

    I presume you are affected by GC retrogression.





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  • bikram_das_in
    09-03 06:21 PM
    My employer filed 7th year extension of my H1b and the receipt date is Aug 10. My current H1b expires on Oct 12th.

    Did anybody do 7th year extension recently? How much time it takes? Did anybody get 3 years extn with approved I-140?





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  • validIV
    03-17 11:40 AM
    Also india Eb2 will get 25k visas for this FY

    Where did you get this info from? source?





    nvmurali
    06-02 04:20 PM
    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.

    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)

    Thanks,
    Murali





    ping1
    10-15 12:41 PM
    Hi
    I went to DMV in NJ with my EAD. They will give you the DL based on your EAD date.
    don't worry about the H1 satus. DMV only check the document and enter the number in system. I hope this won't do anything to your satus. As i know.
    Since i haven't received my H1 approval, i got to use the EAD in my case.

    regards
    Sridhar



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