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  • boston_gc
    05-30 10:31 PM
    My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?


    Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)





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  • 485_se_dukhi
    09-22 10:51 AM
    Very good article!!

    http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html





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  • walking_dude
    12-05 12:45 PM
    FBI Namecheck isn't exactly an immediate issue for me due to colossal backlogs. Yet clearance of the backlog may be meaningless if a person happens to get caught in the FBI backlog instead !

    Here's my E-mail to ACLU Immigrants rights project -

    ------------------------------------------------------------------------------

    Thank you for taking legal actions to fix FBI Name check delays for Immigrants

    http://www.aclu.org/immigrants/gen/32422prs20071029.html

    Kudos for taking actions to protect Immigration rights. As a future Citizenship applicant I'll surely benefit if this inhumane bureaucratic mess would be fixed.

    FBI Namechecks aren't limited to Citizenship applicants alone. There are countless Green Card applicants stuck in the FBI backlog too. Are any legal actions being planned to help them too?

    Thanks & Regards,
    xxxxx

    --------------------------------------------------------------------------------





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  • vgayalu
    06-19 09:53 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.


    I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
    I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.

    vgayalu



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  • nepaliboy
    05-21 10:08 PM
    hi thanks your input.
    what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.

    LUD = LastSoft LUD = status did not change due to updat
    Hard LUD = status changed, if registered, email will be sent.

    Registration process:
    1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
    2. Add cases to your portfolio, in list display it will have the following columns
    ....Receipt Number
    ....E-mail
    ....Last Updated (by USCIS)
    ....Form #
    ....Title

    The Last Updated above is LUD.





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  • RNGC
    02-10 06:32 PM
    RNGC .. great work done by your little princes ... am eagerly waiting to see the letter ... guess when you post in the forum you have an option to attach certain documents like pdf etc ...

    Sammy.

    uploaded the letter...



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  • loudobbs
    07-17 05:18 PM
    A. STATUTORY NUMBERS

    1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 13th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.


    Does this mean all AOS applications received or only consular processing cases??





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  • Mount Soche
    10-23 06:12 PM
    I applied on July 16th & got EAD on Sept 24th.
    No news on AP & biometrics.
    Other coworkers who applied at same time have mixed results - 2 got only fingerprints, 4 got EADs, 1 got EAD & AP. I think it is all random



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  • hpandey
    07-15 01:00 PM
    Stock options work like this

    If a company gives you 100 shares at 10$ each that means you have the option to buy them by the expiry date at 10$ each.

    So if within the expiry date they reach to 15$ you can buy them at 10$ and sell at 15$ getting a net profit of 5$ per share ( 500$ )

    In your case the share price is below what you will have to buy the shares at . So no use. You will be losing money in case you decide to sell them.

    Although if you think the share price is going to rise in the future you can buy them and hold them long term until the share price rises above 30 and you make some good money .





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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.



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  • gc_rip
    06-18 01:22 PM
    If I get EAD from my current employer and join new employer on EAD before 180 days after filing I-485.
    Are there risks that my EAD be canceled before it's expiration date?
    Can my new employer start PERM and I140 during that year, and file H1B extn based on I-140 approval before my EAD expires? (Assuming EAD renewal may not be possible, as I left the job before 180 days, and employer never revoked I-140).
    I have already completed my 6 years on H1.

    Thanks.


    yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.

    and btw, h1b premium processing takes 15 days, so don't panic.





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  • grinch
    05-11 01:56 PM
    The font and color of font doesn't fit in the apple stamp ;)



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  • little_willy
    08-20 11:22 AM
    Thanks TempWorker. If you would like to join the state chapter, please PM me with your contact info.

    I will be there.





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  • cdeneo
    01-11 04:39 AM
    Thanks so much for your feedback on this query - this is really helpful.

    I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.

    Thanks again for your help with this query, I look forward to hearing from you.

    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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  • Tantra
    07-17 10:51 AM
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  • ivgclive
    06-05 08:39 AM
    I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.

    I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.

    After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.

    Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)

    Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.


    "pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.

    Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.

    If she is the only one at the office, it is understood why she bothers new clients over old clients.



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  • amitjoey
    03-17 12:26 PM
    Ask your lawyer. I agree, be proactive and if there is a way you can send the results and file it with your case, do it. Any case medicals are valid for 12-18 months, so if an RFE comes, You can send them same ones again. Again, not sure if you can do this, ask your lawyer.





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  • Simran21
    10-01 05:35 AM
    While taking a VISA appointment , there is a question which says "Are you applying for same visa class that expired in the last 12 months?"

    Here are my doubts

    1. I had a H1 B VISA which expired in May 2007 processed by my previous employer. As I am applying for the same VISA class , but though a differnt employer, should the answer be 'YES'?

    2. Since my daughter will be appearing for the H4 VISA interview for the FIRST TIME, Is she also eligible to come along with me if I choose "YES" to the question "Are you applying for same visa class that expired in the last 12 months?".

    Thanks in advance.





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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.





    Asian
    05-30 02:07 PM
    As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.

    That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?

    Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.

    It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.

    Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.

    If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.

    These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.

    Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.





    hopefulgc
    04-09 08:49 PM
    and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.

    u dont need to worry about that because the seller pays both the buyer and the seller's commission. all u have to pay is closing costs.



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