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  • pash02
    05-25 07:50 AM
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  • pappu
    12-26 09:34 AM
    Hi,

    I stumbled across this thread and this seems to be a great initiative that is managed professionally.

    I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:

    1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?

    2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?

    3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?

    4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?

    5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?

    I would appreciate if someone can answer the above questions.

    Thanks,
    IB

    Thank you for joining IV.
    IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.

    You can get all the information from our website and know about the problems people face during the greencard process from
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25

    and how we are working to solve those problems

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54





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  • prasadn
    02-04 08:49 PM
    I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?

    If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.





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  • a_yaja
    06-26 03:10 PM
    Could you please point out the section where it says dual intent for H1 will be removed ?
    You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:



    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended�
    16
    17 (1) by striking the parenthetical phrase �(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking �under section 101(a)(15)" and inserting in its
    24 place �under the immigration laws.".



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  • gc_check
    06-29 01:33 PM
    Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.

    All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.





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  • eb2_mumbai
    10-28 03:48 PM
    Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.

    FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.



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  • KbK
    04-09 11:50 PM
    Hi friends
    I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.

    The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.

    On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.

    If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.

    I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.

    This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.

    Friends at the end, may I request you to please send your thoughts on this?

    Thanks





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  • ssingh92
    12-30 08:52 PM
    If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.



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  • yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.





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  • akred
    10-08 12:40 AM
    Here's another article on the same issue: http://www.financialexpress.com/news/expats-will-have-to-make-pf-payments-in-india/358603/1

    To sum it up:

    Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.

    My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.



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  • rajivkumarverma
    10-16 07:16 PM
    Whats the reason for the denial ?

    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates





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  • humdesi
    11-06 10:27 AM
    Do you know why this rule was changed?

    I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.

    See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.

    "Jiska ghar mey samman nahin, uska kahin samman nahin"


    I applied for OCI for my daughter some months ago and got approved
    and got her OCI stamp and cards. Couple days ago a friend of me got
    rejected. He was told that "if both parents are indian citizen child is not
    eligible for OCI"

    After I heard it, I talked to Indian Consulate SFO, and they told that
    this condition is included recently. So whoever got OCI are good. ( I hope so!)

    OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.

    thx
    sbabunel



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  • jonty_11
    08-03 05:57 PM
    Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
    it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..





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  • kinoos
    04-17 09:14 AM
    @softcrowd - i understand that they will understand the situation.. but is it possible that we can change the I94 date before we get out of US and do not want to carry any screenshots when travelling next time.


    @mmk123 - Please do let me know what you are doing in this situation. I am stuck in almost in the same situation.. how the I 94 date is on the 21st.. i have already re-booked my tickets for the 21st.... and with the situation this might also cancell.



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  • Dhundhun
    06-09 06:53 PM
    You can take Infopass to findout, wheather this notice is by mistake - if so you are out of problem. Otherwise, I don't think, there is any other option then getting it done, you can keep on extending till your wife comes here.

    Take enough precautions so that finger ridges are properly scanned next time to avoid such calls. A small cut in fingers can delay legible prints for months. Sometimes skin diseases are problems. In newborns, finger ridges are not developed and it can happen with some grown ups. If you rub fingers against rough surface before FP, FP will not come properly.

    The staff taking FP does visual scanning and runs preliminary program to verify whether scans are OK or not. With image scanning, number of repeat FP notice due to unreadbale prints is significantly reduced - so the notice you have received might be a mistake.





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  • Jyotsna
    10-13 11:01 AM
    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.


    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)

    My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.



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  • pani_6
    08-17 04:01 PM
    Why not FedEx?

    fedex des not deliver to PO boxes





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  • SNLive999
    06-16 06:05 PM
    When I met IO at the Boston District USCIS, She typed in my 485 receipt # or A # on her system and looked at my file and said they already have my finger prints and she said why did you get FP notices again. She again looked at my file for few seconds and then she has written code 2 on our second(new) set of FP notices and asked us to give code 2 prints on scheduled date. ( Actually uscis requested code 3 on our new FP notices )

    She also said If Boston USCIS Application Support Center(ASC) takes our code 2 FP's then it is fine, otherwise if they say they already have our code 3 prints and refuse to take them again, the IO asked me to take a infopass and contact them again, so that boston distric office can make a phone call to ASC and sort out the issue.


    I did not apply for online EAD why do they need our code 2 finger prints. ??





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  • corleone
    11-02 10:42 AM
    See signature for details:





    GEEGEE
    07-24 10:10 PM
    Hello,

    I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.

    Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?



    thanks..





    dealsnet
    01-08 09:36 PM
    No one can file I-485 without the PD for that person is current in the visa bulletin.
    You can replace your previous wife with a new wife at home, not with USCIS. !!!!!!!!!

    Hi,

    Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?

    Thanks



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