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Wednesday, 15 June 2011

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  • The Gates - facing a section



  • tinamatthew
    07-22 11:03 PM
    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days. He stated "Applied for i140 premium processing on June 22nd, 2007" From what I understand, this new i-140 application was PPS and not an upgrade. The receipt date is the date USCIS date stamps the application. I think he will get his money returned as they have passed the 14 day deadline.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant

    Thanks





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  • Scythe
    11-28 03:10 PM
    Oh, you :fab:





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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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  • pd_recapturing
    04-04 03:25 PM
    It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.

    "In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"



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  • abhishekhp
    11-24 02:04 PM
    You should be fine to go ahead start processing you new EB2 based position under EAD. As mentioned in other posts here you do have to start over i.e file a new labor for the position under PERM and an I-140 to qualify under EB2. However you can port your PD while you are filing for theEB2 I-140 by attaching a copy of your previous EB3 I-140 approval notice. Also you need not reapply your I-485 as you can go ahead and do 'INTERFILING' basically letting the USCIS know to process the existing I-485 using your EB2 I-140 approval if its PD is current.

    Hope that helps. Good luck !!!





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  • redddiv
    07-11 08:03 AM
    i liv ein boca raton



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  • for Central Park, New York



  • gc_check
    04-08 04:22 PM
    Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)


    Employment- Based All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 01AUG06 01JUL06 C C
    3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
    Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03





    .

    Well, this shows the reality of demand for visa and a dire need for a solution.
    Well, Congress will stills get paid even if the Govt. is shutdown and they do something!!! about this along with the tons of other items on their to do list :mad:





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  • PHANI_TAVVALA
    12-02 08:06 AM
    Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).

    My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.



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  • The Gates in NYC#39;s Central



  • agc2005
    11-05 05:22 PM
    I got EADs for me and my wife, but photos got swaped.

    Pineapple,ncgc2005, saro28:

    I sopke to customer service rep and she told me to send applications with EAD cards ,photos,a note explaining the problem and no need to send the fees.

    Did you guys filed to get corrected the EADs, and did you send new application with EAD and with the Fee or without fees.





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  • chanduv23
    04-21 10:10 AM
    We moved from NYC to Houston back in September 2009. If you want to talk, please send me a private message.

    Where r u moving from?



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  • The Gates of Central Park came



  • Nil
    11-09 09:19 PM
    ^^^^





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  • va_labor2002
    06-01 02:24 PM
    Is it possible ? If it is possible to pick up the legal immigration provisions from CIR and make a new Bill, we should proceed with that option,so that it will be passed quickly before CIR. We should talk to our senators for this option.



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  • #39;The Gates#39;, Central Park, New



  • JunRN
    05-05 10:09 AM
    To force USCIS to adjudicate i-140 within 180 days or 6 months, if concurrent filing is removed, we may comment to include a clause that says "If i-140 is pending for more than 180 days and PD is current, i-485 may be filed.

    Better yet, if they will include filing of i-485 even if PD is not current.

    The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.





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  • raj2007
    02-10 11:23 PM
    Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ???

    I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....

    Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...

    Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)

    I agree with you..it depends how much time is left on H1.he can easily switch to H4



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  • The Gates, Central Park, New



  • orangutan
    02-08 10:32 PM
    Some questions before I answer.

    1) Did you get married in a church or did you reserve a church for marriage?
    2) If you are not married how do you start immigration paper work?

    If you want to start paperwork, you need to get married.If you have to get married, you need to get married before March 31.If you have to get married before March 31, you need to get your marriage license before that.If you already got married why do you need license?If you are talking about marriage certificate for applying immigration, you can apply it on line.If he goes to jail on March 31st then ask him to apply for parol to come out.


    well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
    my question is:
    since we don't know if he will or not. I need to know if i can start my paper with the immigration?
    because if he goes to jail.. how we will do the interview if he is not here to go?
    what i can do??
    somebody can help me?:confused:





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  • FraudGultee
    04-21 11:00 AM
    You will find the weather challenging if you are moving from North East



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  • americandesi
    06-18 01:10 PM
    All EB priority dates for July 2007 is current. Hence everyone can go for concurrent filing right away.

    The scenario I have given explains how to maintain the status after getting permanent residency from both countries, so that you are eligible to apply for citizenship in both countries.

    But here is the catch. Some Canadian immigration officers might not consider the commuting days towards the day count for citizenship. It solely depends on the discretion of the officer during Canadian citizenship interview.





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  • Saralayar
    01-13 10:44 PM
    Received I140 Approved Documents using FOI Act.

    I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
    Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.

    Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
    How long it took for you to get a copy of your I-140?. Did you get the copies of your Labor certifcation details too?. Was your case filed in PERM?. I appreciate your reply in advance.





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  • delax
    07-16 01:51 PM
    Whats new about this news? We have been hearing this since Thursday evening.

    I hope it does not - but it may also happen that a solution is not reached and our only option then is a lawsuit. Think of it this way - the longer there is no news the more likelyhood there is a deadlock.





    saro28
    10-30 09:08 PM
    Hello ncgc, Please post your experience once you get the card back. My spouse (filed seperate) has the the same issue. She received the EAD card with wrong photo and today she received the AP with the wrong photo as well. We are going to send it back to the lawyer, so he can follow up with INS. Is your AP photo looks ok?





    thepaew
    09-24 02:45 PM
    Hello Seba

    If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.

    Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.

    I am not an immigration expert - so please seek an attorney's advice.

    Wish You the Best

    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.