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  • gcformeornot
    12-31 02:09 PM
    the sadest and unluckiest members of this forum..?




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  • fromnaija
    02-06 06:38 PM
    Her H4 depends on my H1B validatity. Im said if i call AC21 using my EAD, then my H1B goes invalid and so her H4. Does this makes sense to you. Do you got other opinions ? If so let mw know. thanks.

    EAD is not a status. It's just an authorization for employment. Since you have filed 485 you and your spouse are in adjustment and so I don't see how your using EAD to work invalidates her H4.




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  • gc_chahiye
    11-19 12:41 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .

    + 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.

    + no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
    If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.




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  • newuser
    07-11 02:30 PM
    Count me in. Just sent a PM



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  • ujjwal_p
    08-21 03:45 PM
    check out r2iclubforums.com . your questions regarding r2i and some which you haven't even thought about (but should) are answered there. all the best.




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  • gene77
    08-15 08:28 PM
    Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?

    I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.

    //NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    � This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    � However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    � According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
     Name of 485 applicant
     Name of I-140 petitioner (employer)
     I-485 Receipt Number
     "A" Number of the 485 applicant
     Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
     New I-140 to be inter-filed
     Statement requesting new I-140 be inter-filed with the pending I-485 application
    //



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  • walking_dude
    03-28 10:39 AM
    With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.

    IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.

    Great job, IV team, in providing such a useful tool for the benefit of our community.




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  • RecycledRaj
    09-18 01:17 PM
    i had interview at mumbai consulate on friday morning 9.30.

    EVERYONE please take time to read and reply...


    the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
    she asked me the name of company, my job title etc..i replied ...
    and then she asked me for my old passport and wrote CWOP on expired visa.....
    she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."


    here is the deal...she did not gave me any slip or anything and said we can go now.....

    WHAT WILL HAPPEN?

    will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?

    expert any advise?
    i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?



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  • singhsa3
    03-11 02:16 PM
    I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below

    1. Can "A" work for his wife and also get paid in check?
    - I get nothing, why should you?.
    2. Can "A" have a second job in his wife's company and retain his original job?
    - Come on man, her majesty's service has to be your first job.
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    - No comments
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    - Every thing is legal, till you are caught. See Elliot Spitzer..
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    - Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    - No comments
    7. Can "A" work as volunteer in his wife's company?
    - Come on buddy, you volunteered for the service the day you got married.
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
    -No comments




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  • a_to_z_gc
    10-24 04:10 PM
    If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?

    Kindly advise...

    Thanks!

    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.



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  • hpandey
    08-04 01:07 PM
    EB3 - I pending at TSC . RD - Aug 2nd 2007




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  • GCwaitforever
    02-09 05:50 PM
    If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.


    To

    Mr. John Beverly
    Director, Foreign Labor Certification Program
    200 Constitution Ave NW, room C4312
    Washington, DC 20210

    Mr. Beverly,

    [Block A: Filler] with model text by the side ....
    [Model text:
    I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]

    Block B:
    Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
     Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
     FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
     There is a complete lack of transparency and answerability from a public agency like BEC.
     The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
     The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
     The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.

    All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
     Why FIFO has not been implemented?
     How many people are working on adjudications?
     What are the criteria for picking up a case for processing?
     Why are there differences in procedures between Dallas and Philadelphia BECs?
     How many cases have been adjudicated so far?

    Block C:[Filler]
    [Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]

    Respectfully,

    ------------------------------------------------
    xxxx



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  • singhsa3
    08-01 11:43 AM
    I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.




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  • logiclife
    07-09 12:48 PM
    Immigration Voice cannot have individual cases that seek funds or help. Its just not the policy. If we allow that then we would have entire message board with just that issue as everyone has problems and some have more severe problems than others. We sympathize with everyone's issue but we cannot cater to individual cases as an organization.

    The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.

    Good luck Vinay. Sorry to cut this short.



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  • skarthy
    08-12 05:54 PM
    hello all,
    Lets say you are a citizen here or your son is a citizen becasue he was born here.
    Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)

    Then when he want to work there dose he have to get a VISA like us comming here to work ?

    I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.

    so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.

    also if you reject the US citizenship and US is not going to give you any visa..ever !




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  • frostrated
    09-03 01:59 PM
    Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

    About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.



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  • wandmaker
    03-26 01:19 AM
    My employer had mentioned a salary of 87,000$ in my labor.

    Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.




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  • vina92
    04-30 11:02 AM
    PD Jan2005
    I 140 applied Nov 2006
    Approved Mar 6th 2007




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  • ars01
    06-27 10:48 AM
    My lawyer asked me to write my A# from my OPT card that I used in 1999-2000. According to him A# is assigend once for an individual and if you were assigned before you can continue to use that in future. Though I never used that in the past 7-8 years.

    My wife got an OPT card last month and we used A# from that card for her dependent I-485 application




    tikka
    07-08 10:17 PM
    approached the consulate

    In DC or wherever




    bmeduru11
    02-18 11:43 AM
    Hi all,
    I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
    New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
    Please suggest my any options I have for not losing I-485 and EAD.



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