Saturday, June 25, 2011

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  • on_h1b_since_1998
    02-08 12:51 PM
    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.





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  • buehler
    07-27 09:11 AM
    Good idea. I would suggest that you also add uscis.gov to your search. It doesn't seem to be showing any pages from that site





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  • Desi_Hydrabadi
    02-20 03:35 PM
    All,

    My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
    I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
    What can I do at this point of time? Any suggestion would be helpful to me.

    Thank you.





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  • gc_bucs
    03-18 10:18 AM
    You & your wife should talk to a good attorney about the possibility of using "interfiling" in case of a divorce. I was in the same situation as you couple of years ago & Shiela Murthy's office recommended "interfiling". If you need more information send me a PM
    Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?



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  • nozerd
    09-06 04:39 PM
    Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.





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  • gc_kaavaali
    11-21 07:00 PM
    In my view it is risky to change employer when I-140 is pending....it is my suggestion only...talk to your attorney

    hi-
    What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also

    Thanks
    Aj



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  • stueym
    07-08 04:21 PM
    Wonderful support. Thank you. So far we have over 850 viewings and have been rated 76 times and 23 comments. That has managed to push us to #6 in the News and Politics stories of the day. This morning we overtook a Ron Paul story. If you have not had a chance to check the video out, please rate it by clicking on the stars or leave a comment as that will push our position even further.

    Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)





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  • Bezzer
    09-06 08:51 PM
    im not really new to photoshop...i've been using it for a couple of years...just never done a pixel stretch before.. :)



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  • steppenwolf
    09-26 04:57 PM
    that's interesting...
    i got my checks cashed on 9/21 but no receipt yet. i sent my application on 8/8 to NSC.
    online status says a notice has been mailed out - any clue how long this takes after the check has been cashed?





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  • logiclife
    02-27 11:51 AM
    This decision is too important for you, it seems, and I would consult a lawyer for best course of action because the users on forums are not lawyers and they can give you options, but it may not be the best option.

    Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.



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  • Prashanthi
    12-03 05:13 PM
    I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.





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  • forgerator
    11-11 12:35 AM
    yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.

    My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)

    got an update. Lawyer is proceeding to file mine under EB-2 and specifying the following requirement - Masters with 2 yr experience minimum or alternatively Bachelors + 5 yrs minimum. Hopefully everything works out smoothly!



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  • chunky
    07-26 03:04 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending





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  • TheColonial
    04-24 12:18 AM
    Search SDL its a nice way to learn graphics and moving imges and such.

    http://en.wikipedia.org/wiki/Simple_DirectMedia_Layer

    Whoa! The guy says he wants to learn Win32 and you point him at SDL? Interesting! :)

    Everything that you want to do can be achieved without touching DirectX or OpenGL (and hence SDL), and using them will only confuse you if you're looking to learn to write Windows code.

    I'd recommend attempting your problem using nothing but Win32 and the core C++ functionality - IMHO, you should avoid muddying the waters with other APIs.

    Just my $0.02.
    OJ



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  • CreatedToday
    03-18 02:56 PM
    It's very sad we depend on this bloodsucker employer (former H1s) who setup the shop and leave you in the lurch when they can't squeeze any more of your blood!

    You may complain with DOL, but I�m not sure about any statutory limit to file the case.

    Good Luck!

    Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
    . . .
    But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

    Now I'm mad since I'm stranded, and if possible complain about him.

    I need HELP.





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  • tikka
    05-31 04:58 PM
    Now is the time to take action.


    Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
    we need $ for lobbying.

    Thank you



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  • Karthikthiru
    08-31 11:56 AM
    This poll results is from his viewers who are already biased against any sought of immigration. And to add this is not a scientific poll. Plus no one cares about his polls

    Karthik





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  • mrajatish
    05-25 08:47 AM
    Called Sen. Bingaman, Chuck Hagel's office - talked nicely to staff and explained. Wife is also calling - let us do this, folks, do you want to wait another 12 years while your gardenere gets his/her greencard. Wake up or sleep forever.





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  • absaarkhan
    01-10 04:28 PM
    You Can work for the same Employer On H1 even after entering US on AP.

    It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
    Please let us know if anybody has done this successfully.





    EB3_SEP04
    08-27 05:33 PM
    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,

    Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.

    If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.





    kak1978
    10-24 10:39 AM
    My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.

    Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.



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