Friday, June 17, 2011

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  • tikka
    07-13 07:29 PM
    Thanks GCard_Dream

    Great Job! amitjoey...
    added to your reputation..




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  • JDM
    08-06 08:53 PM
    I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:

    Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
    Looks strange.




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  • morpheus
    04-02 09:44 PM
    So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.

    I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.

    `(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--

    ``(A) was physically present in the United States before January 7, 2004; and

    ``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.

    I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.

    From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.

    Can anyone refute this?




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  • lccleared
    08-26 06:04 PM
    I have not received it either, where as my spouse and child got theirs 10 days back. Wonder whats happening, called up USCIS they asked me wait for couple of more days.



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  • Berkeleybee
    02-14 01:21 PM
    Thanks for that Iptel.

    Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.

    best,
    Berkeleybee




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  • jvs_annapurna
    04-11 11:55 PM
    Hi guys,
    I am a new bie but in deep trouble,
    My case is like this

    Have valid I-797 - till - Jan 16,2009 ( now expired right )
    Valid I-94 - till -Jan 24 , 2009 ( now expired right )
    Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
    Applied for premium in -- Feb 26, 2009
    RFE -- Mar 2, 2009
    Denied -- Mar 31,2009

    Trying to transfer my H1- to another product company under premium.


    I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

    Please correct me if this is incorrect ???? gurus please help me,

    As I know I dont have any status but denial letter says appeal with in 33 days.

    Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

    Is it possible to transfer with out appeal or MTR for the current denial ?


    Please advice, as I am already running out of time....



    thanks
    jvs



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  • amitga
    11-15 03:48 PM
    CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?


    He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008




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  • tabletpc
    11-30 12:41 PM
    Just occured to me..

    I am single now ..how does it work to add my spouse later..???

    1. Before approval ..??

    2. After approval..???

    does it also take years to add spouse (like US GC) if i marry after my PR gets approved..???

    Thans in advance...



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  • xu1
    08-15 09:55 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).

    It should be worth it, because you didn't indicate the company would revoke your eb3+I140 approval.. Why not give it a try?

    And if you start EB2 perm now, if everything's smooth, you may be cleared within 6-7 months (say, premium I140 is allowed for Eb2 then)




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  • chicagobuddy
    05-25 01:02 PM
    thanks dude..

    if you don't mind, can you please answer few questions?

    Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?

    Could you list out documents you carried for stamping?



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  • dingudi
    06-08 07:59 PM
    I don't live in the tri-state...

    I have my W-2's from 99 and 00 so no need to call the University.

    What I dont have is the actual return (1040nr) which I "mailed" at that time.

    Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!

    You mention that you had graduate assistantship in 1999-2000 on F1. This means that you were paid for this assistantship , in terms of bi-weekly or monthly paycheck, correct? And you did file returns for that year as well as obviously you have W2.

    So you may even have another effort to convince the IO that the W2 that you are providing is in fact because you worked as graduate assistant on-campus which is allowed being on F1 for the first 9 months of F1 and that you did not take any illegal work authorization. This should be obvious from employer name on W2 which is most likely the university. But make sure whoever is your attorney is , they make this point clear.




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  • dpp
    10-23 11:57 AM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.


    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.



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  • Sakthisagar
    02-24 03:25 PM
    I think it is like this, if you apply before hand like 6 month before your Visa expiring date your chances of getting an RFE for client letter is minimal, provided you stick to the same employer and all necessary documents like paystubs, tax pay reciept etc, is submitted.

    If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...

    I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.

    So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.

    Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.

    May GOD Bless




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  • EB3-Philippines
    08-30 09:48 AM
    Hi

    tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...

    All the Best. Remember that you are legal resident in this country paying Taxes. Go for it in filing a complaint with DOL , Better Business Bureau. Atleast you can have a good night sleep after that.



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  • clockwork
    05-11 07:42 AM
    Hello All,
    I apologize, if it caused any issue due to posting this message on this thread ( I did not realize the severity of thread name). But, what the heck is poorslumdog response? This is stupidity. If you dont have answer, keep the f**k with you.




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  • hopelessGC
    04-20 10:34 AM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful

    This one is playing a joke...but if it is indeed true then it is a MIRACLE :confused:



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  • bigtime008
    07-18 01:41 PM
    I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.

    Atlanta PERM Center belongs to DOL not USCIS




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  • saileshdude
    07-21 09:56 AM
    All you guys,

    Take an Infopass appointment and tell them that you have not received FP notice. Sometimes taking infopass appt helps. So you can try that option.




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  • sanjay02
    08-22 03:14 PM
    As stated earlier go for your own lawyer.


    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation
    __________________




    hopefulgc
    07-13 11:49 AM
    in suits .. we might look like a funeral protest rally.
    dress formals.. but leave out the suit.




    go_guy123
    09-14 03:34 PM
    Obviously this is illegal you should report to DOL ...read the posting in this forum it has been
    discussed at lenth. WH-4 cmplaint letter etc.



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