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  • anilvt
    08-28 05:20 PM
    got 2yr ead ...140 approved in 2006 ...i am current now ...

    i don't know why they issued 2 yr ead ...but i don't have waste money on lawyers for next 2 yrs

    there is no rule which they follow ....

    i remember old saying rules and promises are meant to be broken ...

    well crazy world and crazy us




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  • forgerator
    08-20 02:18 PM
    goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.

    If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010


    My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.

    See my point?

    Btw this just came out I think yesterday.




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  • fxok425
    01-10 03:16 PM
    Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.

    My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.




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  • vallabhu
    04-26 02:17 PM
    I guess we would have , as we are not leaving but chose to live with the problems.



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  • qplearn
    09-30 05:38 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective of in the larger context of this huge EB mess.

    I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.

    Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.




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  • howzatt
    07-25 09:17 AM
    Anybody please help ....

    Check the home page. If you cannot find the details there, I would suggest that you find a lawyer or somebody who can search for you!



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  • CADude
    04-07 11:08 PM
    If applicant applied AOS application then can get one year entension. I will come to know by may end. :)

    H1B extension beyond 6 yrs is possible under 2 circumstances:

    a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

    b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

    So CADude should get 1 yr extension is worst case.

    Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.




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  • wata
    09-30 03:30 PM
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!



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  • vijayam
    09-18 10:53 AM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.




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  • ashneels2001
    10-16 08:58 PM
    check with your lawyer. you should be able to ue the same labor unless the laws have changed. It is my understanding that if you file an MTR right away you get to retain your LABOR CERTIFICATION and that then allows you to file another I140 under EB3



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  • gc_chahiye
    08-01 08:09 PM
    depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.

    If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.




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  • chanduv23
    08-14 04:06 PM
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(

    Paskal is busy with schizophrenic members and members with obsessive compulsive disorder and with members who see hallucinations of reciept notices :D:D:D

    Those who sign fedex in USCIS never thought their names willbe discussed on the internet



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  • ivgclive
    10-29 01:53 PM
    Because,

    You have been threatened
    You have been fired
    You have been unemployed...
    ...You want to try something against them. But what are we trying to prove?

    Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.

    If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.

    If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.

    In few days, the urge will go away.

    You will realise that your new job is much better than the one you left. Just enjoy.

    You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.

    Good luck with your new job.

    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.




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  • americandesi
    05-19 09:19 AM
    According to murthy, several of these cases were tied to companies that are under fraud investigations

    MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)



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  • bestia
    07-14 06:41 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.

    What's that suppose to mean?




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  • sachug22
    09-13 03:25 PM
    deleted



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  • Gravitation
    06-15 12:05 PM
    How 'bout: Not filing because LCA is rotting in the basement of a BEC?




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  • stylepoet
    10-29 02:31 PM
    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.




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  • njdude26
    04-07 04:43 PM
    Thanks. This sure is helpful. btw i have a Canadian PR card. one less headache in step 3 :) But of course I love it here so im stuck here doing all kinds of circus for 8 years to continue staying.

    new H1 and H1 visa renewal are done in all US embassies in Canada.
    1. Look out for dates, after registering and paying fees. USD 9.50 for one appointment of one, two, three .... members.
    2. Dates are not available, but are released around 20th in bult; also, check out each hour.
    3. Allow 30 days for Canadian TRV (temporay visitors visa) to come in mail
    4. Go for visa interview.

    I did all the above, but had to cancel Vancouver appointment for lack of leave from a very good and generous employer ( I am in operations). Any other questions, please feel free to PM me.




    saratswain
    09-15 03:53 AM
    My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.

    In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.

    Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.

    I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.

    Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.

    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)




    saketkapur
    12-02 06:58 PM
    This in from Ron Gotcher website....I guess they are reading our letters.....


    Good news concerning AOS denials based on I-140 revocations

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

    We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.

    Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.

    I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.

    I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.

    I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
    __________________



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