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  • ashshef
    09-11 06:40 PM
    There has been a understanding that the number of EB cases (EB2+EB3) with PD of 2005 is very less compared to previous years (close to 8000 i believe). If thats the case and assume 2004 cases are cleared why didnt the VB make more advance movements?

    I could be off by a few hundred, but I believe the per country quota caps EB2-I to about 2600. Keeping in mind that the least number of cases was likely in the period of Apr-Aug, due to the new process and uncertainity around Perm, that would still mean a lot of cases in the first quarter and last quarter of 2005. That would still mean slow progress through the first quarter of 2005 before we see significant movement.
    I wouldn't be surprised if there is no movement or negative movement in the next couple of months, before they hit the next quarter. I don't anticipate them getting too far before they are ready for the spillover at the end of FY2010.
    I know of atleast 3 big companies which were not filing Perm till atleast Sep 2005. But they had a lot of filings in the last 2 weeks of March.





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  • singhsa3
    10-21 07:48 PM
    That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
    Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"





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  • newlife2
    09-19 10:18 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.





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  • aaren253
    02-19 02:48 AM
    I had sent my passport for renewal and Indian Embassy lost it. It had my I-94 and US visa. They issued a new passport. But the new passport read old passport cancelled and returned.



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  • jasmin45
    05-14 08:40 PM
    Here are the details.. you can determine if you fit in.

    EB2 Eligibility :-

    The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

    A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

    Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

    In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

    An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;


    Letters documenting at least ten years of full-time experience in the occupation being sought;


    A license to practice the profession or certification for a particular profession or occupation;


    Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;


    Membership in professional associations;


    Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
    If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

    Application Procedures
    USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

    EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.

    If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.

    Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD





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  • InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)



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  • gc_maine2
    07-12 01:45 PM
    Misha,

    There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.

    Thanks


    Question for July I-485 filers.
    Did anybody receive I-485 July Rejection Notice by mail?





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  • mjadala
    08-20 09:11 PM
    I support this



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  • hopefulgc
    03-28 10:56 AM
    same here. i have updated my information but it doesn't show up in stats

    Thanks for this great feature. It definitely looks promising. But, some how I find my information missing. Is there a place where I can add my information. my IV profile already got all my info.





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  • 99mutd08
    08-11 03:11 PM
    Ghost,

    Loved the video and your message.



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  • lvinaykumar
    04-18 04:13 PM
    I got married after applying for I-485, and did not apply EAD, I am hopeing if i get my PD current i will send the new application and use the EAD option...until that i have to stay on H1 ;)


    Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?





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  • bablata2007
    11-27 03:44 PM
    I-140 is approved. H1-B 8th yr. is valid till march 2008.

    Thanks.



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  • WaldenPond
    06-30 05:45 PM
    Hello baleraosreedhar,

    FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.

    For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
    I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).

    There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.

    If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.

    Just my 2 cents. Hope this is useful.

    WaldenPond




    Hi Gurus,

    I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.

    My company has filed for my I140 and it got approved.

    I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.

    I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.

    I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.

    Thanks





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  • goel_ar
    04-24 12:36 PM
    I am waiting for my wife's notification. Nothing yet.
    wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!



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  • arnet
    10-29 12:47 PM
    the answer is no if principal applicant still maintains H1B and the person in H4 not using EAD to work.

    If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.

    It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.

    I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?


    If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?


    Please help...





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  • vamsi_poondla
    09-05 09:36 PM
    we should all attend. Failure is not an option...there is no better time than Sept 18th



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  • chanduv23
    12-09 12:16 PM
    Guys,

    Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..

    Guests please take a positive step and become a member. And once you become a member - please contribute. This goes a long way towards helping our cause.





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  • chaukas
    04-23 12:50 AM
    The I-140 processing date for EB2 Nebraska is June 2007. I have a friend with receipt dt on July 30, 2007 in EB2 whose I-140 was approved today. My I-140
    was received on July 2 , 2007 and is not approved yet.





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  • amitarora74
    08-04 11:43 AM
    anoopraj2010

    you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think





    gcny2006
    05-28 03:35 PM
    Talking abt running this site. I think IV should enforce a mandatory $15 per year for access to this site. In interest of full disclosure - I have been a free loader myself for a very long time but have realized its pointless if you are not helping the cause. The people who are visiting this site have one thing in common - They have a BIG problem and if they cannot make a SMALL contribution towards solving that problem this community has no use for them.





    NolaIndian32
    09-01 11:12 AM
    Guys, i don't know how USCIS works, i don't care at this point in time. Just wanted to share with this group, that i did not get a 2nd FP notice. My FP was done on 9/28/07. And as Fromnaija said earlier in this thread, a 2nd FP may not be required if FPs were stored in Biometric Storage System - well, i got my "card production ordered" e-mail today. Hope to have the green card in hand by the end of the month. So again, not having a 2nd FP notice may not be an issue.

    Best of luck to all,
    Nola



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