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  • JeffDG
    01-23 07:38 AM
    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?

    Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.

    You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.





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  • gc_on_demand
    01-05 12:44 PM
    seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough

    there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..

    can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).





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  • copsmart
    02-10 09:30 PM
    Congrats!

    It�s good have a GC in this very bad economy.

    Erase the H1 worries and enjoy your green.





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  • diptam
    08-20 09:22 PM
    Last months 3 days , this month 11days movement only for I-140 skilled !!

    Looks like NSC staffs are all busy opening July 2nd packets :D


    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    That's for NSC.



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  • a_yaja
    01-22 01:35 PM
    Hello,

    Here is my situation.


    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?



    Can anyone point me to some online materials detailing CP.

    Thanks in advance.

    Why don't you try to apply for the H1B visa again in India?





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  • vactorboy29
    02-19 06:01 PM
    Vivek Dude, I don't know about that...

    After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...

    For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...

    AP - Is for travel purpose,no connection to your work status in US.
    EAD - is your work status .If you use it your H1b is envalid.



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  • liberty
    10-25 09:23 PM
    Are the kids allowed in the office?





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  • javaconsultant
    04-30 02:35 AM
    Guys,

    I am not 100 % sure if one can change employer after approved I-140.
    But this is what I checked with lawyer --

    -- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.

    -- Can simultaneously pursue GC from both employers if previous employer does not revoke it.

    Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......



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  • jsb
    10-29 01:56 PM
    [QUOTE=PDOCT05;189726]It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
    QUOTE]

    Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.

    What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.





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  • go_guy123
    07-09 09:00 AM
    Guys, see below link... It is pretty bad ... Job posting to hire someone for pre-approvd labor.... All posts within last 2 weeks by 10 companies..... May be we need to email DOL and also other govt. organizations ....

    http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0

    Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..


    Few more days to go now. In fact its already over. No More time to prepare
    I140 application and send by July 16th.

    Yes they should have stopped long back with perm introduction as it was no longer needed after perm.



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  • LongWait2005
    07-13 08:31 AM
    Done.





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  • GCwaitforever
    09-28 02:33 PM
    Once retrogression starts, I-485 processing is held for all cases with priority date after the cut-off date.

    Even if your priority is current, I-485 will not be processed until you clear FBI name check and other security checks (and also I-140 in case of concurrent processing).

    If you believe you cleared name check process from FBI, and only processing of I-140 is holding your I-485, then switching to I-140 premium processing makes sense.

    You could try premium I-140 process and hope for name check to be cleared in time so that your I-485 is processed before retrogression kicks in.



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  • nogcyet
    10-30 04:07 PM
    My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.





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  • Adam
    08-20 01:03 PM
    That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
    looks like we have a winner!! Temp, I say you take a shot at the Ya' RLY one as well - you might surprise yourself!



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  • funny
    07-26 02:09 PM
    I agree.

    Please change the title, Its going to scare hell out of a lot of people. It centainly did the trick for me.





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  • gconmymind
    03-31 05:39 PM
    I do not think it is a normal scenario. A lot of my friends work for in the software industry. There are generally no delays in getting a paystub if salary is deposited regularly.

    Please ask your employer to be more prompt at providing pay stubs as you need those for everything that requires income proof.



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  • korient
    07-11 02:53 PM
    Hope someone is close enough to help.





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  • l8A
    10-05 10:09 AM
    Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.

    She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?

    So, here's the timeline:

    June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
    Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
    Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
    Apr, 2007 - Both me and my wife got our EAD and AP approved
    July, 2007 - I got my 140 approved

    Currently - waiting on our I-485

    Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?

    Thanks a lot.





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  • maverick80
    01-30 03:37 AM
    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks





    jonty_11
    05-22 10:45 AM
    I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.





    scubadude
    May 27th, 2005, 03:05 PM
    Armed with that information you can make the following decisions:
    a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.

    Roger

    b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)

    All I have so far is the mounted flash that came with the camera (Canon Digital Rebel)

    c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.

    Actually, at the time, it wasn't in her face. I was down on the field and used a zoom lens at about a 250-ish focal length

    d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.

    I've found that the Canon Digital Rebel tends to go dark, so I'm already shooting at about a +1, but then again, I've only had it for about two weeks now.

    e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.


    I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin

    Thanks a lot for your post! Lots of good info!

    John

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