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  • memyselfandus
    08-05 10:18 AM
    Justaju jiski thi, usko to na paya humne..
    Is bahane magar dekh li duniya humne.

    (Song from Umrao Jaan)

    After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)

    Roughly it translates to;

    Justaju jiski thi, usko to na paya humne..
    The person/object whom I was desiring to get it, not achieved it,

    Is bahane magar dekh li duniya humne.
    Due to this desire, atleast I have seen the world in its true colors





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  • alterego
    02-01 02:13 PM
    Logiclife,

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    japs19
    Junior Member Join Date: May 2006
    Posts: 22


    My story...

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

    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.

    I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
    I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
    When you hand them both, you might feel you are doing it in full disclosure,
    however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
    The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.





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  • joydiptac
    02-11 04:51 PM
    Please note that the Form I140 is no longer valid for porting purpose under section 106? of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be ?unqualified? at the time of filing you are not eligible for relied under section 106? of AC21.
    **

    Is there a possibility that your previous company revoked the I140 saying that they wrongly filed your 140 and that you were not qualified based upon the labor certificate? I hope 180 days had passed after 140 approval. A little more detail on the case will be appreciated. Was it a case of substituted labor?

    First try to figure out what the previous company has done.
    Get the help of your attorney ASAP. Figure out if there is a way to undo the damage.
    I am not very sure of the details, a person I used to know was forced to join his previous company because they threatened him in similar lines.
    & please do keep us informed along the way. We may be able to be of assistance to you in some way or the other. Local IV chapters have access to local Congressmen etc.

    If nothing works go kick the ass of the person who is responsible for your predicament. Interpret kick ass to more severe alternatives. Some companies are anyway taking advantage of people stuck in GC queue. On top of that if they harm us they need to pay a heavy price.

    All the best!





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  • coopheal
    10-07 02:17 PM
    India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
    Well in Jan 2005 VB IN was 1/1/2002.
    It was the time when priority dates were added.



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  • desi3933
    06-18 03:25 PM
    Also, what forms do you need to apply for H4 extension? can you have 2 valid visas at the same time say B1/B2 and H4?

    I-539 (Filing Fee $200). Application To Extend/Change Non-immigrant Status
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D

    One can have more than 1 visas, but only one active status when physically present in the USA.

    Exception: One may maintain H1/H4/L1/L2 status along with AOS Pending status.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002





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  • deba
    06-26 07:11 PM
    AP approved in 14 days from TSC.

    6/4 - mailed
    6/6 - received by TSC
    6/9 - checks cashed
    6/13 - receipt in mail
    6/23 - email and case status online notice of approval
    6/25 - AP received in mail (2 copies, multiple entry, valid from the date expiry of current AP plus 1 yr)



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  • lost_in_migration
    05-28 10:22 AM
    Good find !! After reading this article, I guess, USCIS would well support our demand for filing I-485 when PDs not current as it will give them more $$$ from EAD and AP extensions.

    GOOD ARTICLE FROM WP.COM EYE OPENING..

    What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:

    http://www.msnbc.msn.com/id/18899687/


    We have to let congress know about this scam.





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  • styrum
    02-08 11:55 AM
    Who said the position must be in zone V only to qualify for EB2?

    For the position to be qualified for EB2 it must require MS. For position requirements to be considered "normal", they must fit into the respective zone in terms of SVP level. As I learned from my bitter experience, though offficially for a PERM to be approved the requirements don't have to be "normal" (if they are not, you just need to supply the "business neccessity" letter), it looks like the current PERM's software just doesn't have such possibility "in mind" and automatically denies the application if the total education plus experience requirements exceed the SVP level for the zone corresponding to the position. You will get a denial notice which will blatantly claim something like "By answering YES to question H-12 you have attested that the requirements are normal, but the total SVP level exceeds the normal level for this position..." even if you have answered NO to that damn question! Therefore I don't recommend to exceed "normal" SVP level for the corresponding position code.

    However, if a suitable code falls under zone IV, nobody (except for emplyer himself maybe) can prevent the employer to require, say, MS plus 2 yrs of experience. And it is within "normal" SVP level for zone IV, and it does qualify for EB2 (because it requires MS).



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  • nrk
    08-11 01:05 PM
    Hi

    please read this

    In all cases, the date the labor certification is filed (directly with the United States Department of Labor for PERM applications, or with a State Workforce Agency for RIR applications)

    from the wikipedia link

    Priority date - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Priority_date)



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

    Can some one clarify if the PD is based on the day labor application was received or the day it was approved?

    My I140 states it as the day it was approved.





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  • willwin
    06-12 11:48 AM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.



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  • akela_topchi
    01-14 03:12 PM
    pappu,

    With limited information, it was the best I could do :)

    What is your take on all these bills.. I am sure you have much more info. Do you see any hope of EB relief in 2009?
    There is growing pessimism in EB community.




    I ran these through my program but it is returning NULL.
    I guess each object needs to have a voting property or Lobby class attached to it. Without that you will only get Null values in return.





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  • ItIsNotFunny
    12-30 03:55 PM
    Maybe we are not looking at this article in the right context.

    This artilce was written for the purpose of Russian version of 'The Daily Show with Jon Stewart'. So it was written in the context of commedy. Lets read it and laugh about it as was intended by its author.

    ha ha ha ha ha ha, it means I just finished reading the article.


    .

    Agreed



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  • tnite
    06-18 11:08 AM
    If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?


    They will send your application back to you.Maybe some experts can opine on this





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  • sriswam
    06-28 03:21 PM
    I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....



    I believe you can e-file form I-907. I am trying like mad to get the attorney to call me back.
    Does anyone know if there is a problem with the employer directly filing for premium processing bypassing the lawyer?



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  • chanduv23
    07-08 02:57 PM
    One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.

    Thanks for the positive response





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  • tonyHK12
    05-06 01:10 PM
    What we are talking here is whether One holding 3 yr bachelors Degree from India be eligible to apply under EB-2 category after completing Masters Degree from an accredited university.

    If the PERM Job description says " Masters Degree"

    The cheapest place to get a masters is still in India. The IGNOU MCA costs $1000 in India, and they plan to let you take exams in the future in the US. Or maybe you could do everything online and just visit to take the exam.
    MKU, another well known online university has a US branch. I heard an MS is less than $2000.
    Both these are generally recognized in the US



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  • vikki76
    04-09 05:00 PM
    If you are in IT-only discrimination you will face is against a fellow IT worker who is willing to work 14 hours a day.Caste ism politics is valid for less fortunate 70% of indian population who are not part of urban India.
    I really doubt that anyone who is posting on this forum belongs to that group.So please don't bring unrelated topics while discussing -who is giving on frustrations of H1-B





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  • okuzmin
    09-22 03:22 PM
    My I-140 was lost in mail just this year. My employer contacted USCIS, and they told him to file form I-824 (yeah, with fee). We did, and I got a duplicate approval notice back in about a month. So, if that's your case, here is the answer.

    I did FOIA on my previous LC attempt (not I-140); it took over 6 months to get all documents back (you can request a CD instead of a stack of photocopies -- they'll scan all papers and burn the files on a CD for you). I've heard it's getting worse, in terms of response time.





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  • fcres
    03-19 03:54 PM
    Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.


    My employer has made me an account signatory in one of his other company(a sister company of my H1company), so i can take the money out for travel expenses. Is that going to create any problem? I have my regular pay check coming from my H1 company.





    rockstart
    08-05 03:06 PM
    How does a lawyer know if u r stuck in namecheck? Unless you go to infopass you may not know.

    In reality, the app was just taken up for processing - the IO figured that FP has not yet been done and sent notice and during the course of processing the app, decided to send it for interview.

    Perhaps u r right. Lawyer might have just made up that story to get him off his back. The guy was pretty annoyed at not getting FP notice. He went for infopass twice and all they did was sent a FP request to CIS (told him they were doing that) but nothing happened.





    terriblething
    06-12 10:13 AM
    tell me this is a joke..:D... if not..man join the que .life sucks in the GC lane

    It is not joke, that's my unbelievable terrible start since this March. When we look back, still think it like a nightmare. And one neigbour told cop she heard my wife shout "Help me, he is gonna kill me." But you knew we even don't speak English at home. Where that ridiculous words from? BTW, when cops come, they firstly mis-arrest my another neigbour, as they also have some argue. Probably that is where it from.... But now that everything we have to explain on the court and convince the jury. Fortunately my wife always stand on my side.

    Anyone could tell me what impact to my 485 approval if damn jury find guilty in my case? Thanks a lot!!!!!!



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