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  • stillhowlong
    01-18 10:36 AM
    You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.

    For interfiling, one can request the priority date porting in any of these:
    - when you file the 2nd I140. You can send a copy of the first one and request to use that date.
    - when you file the 485, you can request to use the earlier priority date.
    - After you file 485, you can send a request to use the earlier priority date.
    In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.

    When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.

    Note: This is not a legal advice. Please consult a lawyer.

    Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.

    Thanks
    SHL




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  • luncheSpecials
    03-14 09:57 AM
    let them work .. now EB2 is current.. we all will get GC slowly




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  • indyanguy
    01-28 09:10 AM
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)

    Any help is really really appreciated.




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  • bindas74
    10-30 08:28 PM
    Most of the kids of H1B people are attending public schools.
    Public school education also public charge according to this.
    Read it.

    Educational assistance (such as attending public school)

    It is "not considered" for public charge



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  • SeanDell
    05-28 05:37 PM
    Hi,

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.

    Thanks.




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  • va_labor2002
    08-23 10:31 AM
    SKIL Bill will resolve lot of our issues. There are lot of people supporting this BILL. And, many Big companies are behind this BILL. Still, this Bill is stuck in the congress for many months. Why ? What is happening with this Bill ? We don't know the future of this Bill ? It is in a Black box now !

    But,we have to do something to pass this BILL. What options we have ?
    What IV is doing now to push this Bill ? IV has done an excellent job in CIR
    bill in the senate.

    I suggest everybody to post their ideas and comments to this thread. I appreciate your valuable comments and brilliant ideas.

    Thank you.



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  • gc_wisc
    10-01 04:30 PM
    http://www.youtube.com/watch?v=Ll_goH-aivU




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  • ksarin1
    01-13 01:52 PM
    I understand what you're saying.

    I just want to know what should be done moving forward.



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  • Winner
    06-18 03:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    Cognizant to Wipro? Out of the frying pan, into a fire? :)




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  • mavrick
    06-03 11:01 AM
    That is disappointing. But I guess we don't have a choice.



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  • fromnaija
    03-18 04:12 PM
    I think you have the right forms. I can't think of anything else to add.

    As pointed out this forum is dedicated to employment-based immigration. You may want to check the forum at immigrationportal.com where there is a section dedicated to family-based immigration. Good luck.




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  • flex
    10-02 06:23 PM
    Aha - do you have a firewall with browser privacy, like Zone Alarm or Norton?



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  • asphaltcowboy
    10-06 08:07 AM
    Dessoya gets my vote. Outstanding! :thumb:

    nice work everyone :)




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  • pappu
    08-14 02:36 PM
    Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
    evaluate your pros and cons based on your own unique situations.

    the BEC uses old generous rules to process applications. thus chances of success are better

    perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.

    you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.

    bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.

    in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.

    thus priority dates are more important. make sure any decision you take maintains your old date.



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  • chintu25
    01-15 11:01 PM
    http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:

    NICE




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  • lazycis
    12-05 01:04 PM
    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.



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  • lazycis
    01-04 02:15 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=71d9903772614512bc3881aaefb1d 8d8

    10.11 Order of Processing.

    (a) Routine and Expedited Cases . Generally, applications and petitions should be processed in the order in which they are received. Exceptions can, and should, be made for a number of different reasons, and sometimes those reasons may appear to conflict with one another.




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  • sachug22
    07-16 01:51 PM
    Hi,

    My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.

    Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?

    Thanks for the help.

    Kanaka

    Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).




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  • imh1b
    07-29 02:35 PM
    Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

    Family spillover for 2009-10 is approximately 10500, and is already allocated.

    We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

    You are right. He said end of year for spillover from family. So I understood as September,
    I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.




    hopeforgc
    06-21 04:58 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.




    TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.



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