Friday, June 17, 2011

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  • hpandey
    06-12 10:19 AM
    Hi Mr. Singh,

    The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
    Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.

    Best look for another job and apply for labor before Oct.

    Best of luck.




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  • milind70
    07-07 02:13 PM
    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
    There is no definate answer,but in general lawyers ask for last three W2 with last three paystubs plus last three years returns filing copy.




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  • superdude
    07-20 12:29 AM
    Congrats to all those who are lucky enough to file their I-485 by August 17. I am kind of on the unlucky side. My mandatory labor recruitment wait period of 30 days end on August 17. Wonder if anyone has any idea about I-485 availability or unavailability by september or october or may even next time this year to use up the available numbers.

    I appreciate all your responses.

    Thanks
    HP
    Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories

    It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.




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  • bala50
    12-12 06:02 PM
    You don't need receipt notice. Valid AP and Passport should do.

    Welcome to IV . Which state are you from. Please consider joining your state chapter.

    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.



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  • saileshdude
    06-25 12:55 PM
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    As per this memo -

    While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

    With this, I am not sure, the defense of PD is not current is going to work.

    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this




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  • sunny1000
    07-24 10:19 PM
    Hi all,

    My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.

    But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.

    Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?

    Thanks in advance !

    HI,

    Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.

    If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.

    Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.

    Good luck.



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  • smsthss
    06-25 10:25 AM
    why is every one trying to rush in the application for I-485 by july 1st. The dates are goin to be current from July 1st Thro July 31st.
    Am i missing something ?? My attorney is preparing documents to apply by first week of july. Am i missing something grave here by not applyin on 1st July????? Please reply.




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  • suren26
    07-24 12:40 PM
    Thank for reply.
    I am Sorry, it was typo it is valid till FEB 2010. But does it make me legal to stay here event if my I140 amd I 485 is denied and appealed
    Received the I140 appeal receipt waiting for I485 appeal receipt



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  • xu1
    08-24 12:20 PM
    Interesting.. I followed the link and got the following numbers of EB AOS for China, India and World as a whole..
    I didn't look at the CP based EB numbers.

    It seems 2005 worldwide has used up all unused 2003 visa numbers.

    EB1 EB2 EB3 (excluding other EB3)

    2005
    CH 6,422 9,346 4,761
    IN 6,336 16,687 23,399
    TOTAL 66,344 43,412 117,156

    2004
    CH 3,939 6,686 4,190
    IN 2,998 16,262 19,962
    TOTAL 31,140 32,711 84,767

    2003
    CH 1,654 2,613 2,619
    IN 1,266 8,536 10,680
    TOTAL 14,700 15,604 44,555

    2002
    CH 4,239 10,518 4,684
    IN 2,820 21,310 17,428
    TOTAL 33,922 43,390 83,767

    2001
    CH 6,482 11,666 4,604
    IN 3,543 21,355 16,405
    TOTAL 42,997 44,949 85,438

    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html




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  • r2i2009
    09-22 05:01 PM
    Well said guys.....I do not know why this thing hangs around me with me having EAD. EAD is just like GC with some restrictions. Why should I worry?

    Keep running life as usual. Just think people at the back of you?



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  • Madhuri
    06-15 12:26 AM
    So is it that, if you already have approved 3 yr H1 extension after 6 yrs
    then it will not become invalid even if you get EAD now?

    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.




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  • p.guptapost
    11-06 05:54 PM
    2 K number comes from I485 inventory report from USCIS. It shows 2K visas filed overall in 2009 till Aug.



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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.




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  • snalluri
    04-13 02:07 PM
    I think the bill becomes law immediately after president signs. But in case of states legislatures it has to wait 90 days after governor signs to become law.



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  • a.j.2048
    09-05 12:34 AM
    Are people being bumped off now either for protection or revenge? Doesn't make sense that so many would die out of grief.

    Why isn't AP under curfew when so many are dying?




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  • kaisersose
    08-01 01:09 PM
    Wishful thinking.

    1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.

    2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.



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  • lkapildev
    11-13 06:53 PM
    It could be a GC. I'm guessing.. My friend also had got the same information today. He was BD national

    Some keywords from his receipt# is

    It says some package is mailed. Weclome .. Permanant residence etc

    and ADIT processing etc.

    Do you see these buzz words.

    You may cheer up today and buy us a dinner. No buy the person who approved your case a dinner.

    They flushed my application toilet. I need to go to India urgently, no AP no news.




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  • badluck
    06-22 09:41 AM
    TB test should be positive or nigative. does it make any different in immigration

    any responce




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  • Siddharta
    09-26 12:48 AM
    YES YES YES - go ahead screw your smalltime employer

    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).




    vinzak
    04-13 09:27 AM
    What exactly is the question?




    kondur_007
    04-06 01:26 PM
    One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?

    AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)



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