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  • gimme Green!!
    07-12 04:01 PM
    I donot expect to see "Current" ever again atleast for EB3 India unless they remove the per country quota or drastically increase the num of visas per year

    Do you mean NEVER or till October?





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  • va_dude
    03-24 03:04 PM
    I think if you switch from H1 to an F1 and then want to get back to an H1, you will be counted towards the 65K cap.

    It will be a brand new H1 application, so it has to be under the cap. So think twice about switching to F1, it's not easy to just switch back and forth.

    Make sure you get confirmation from an attorney though, don't assume everything on a forum as perfect legal advice.

    -va_dude





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  • deepakd
    07-10 07:29 PM
    Hi Guys,

    Do you have any takes on the possible outcome of AILF lawsuit? Has any such lawsuit been successful in the past?

    Reason for me asking, I had planned for job change before PD became current last month. New job is much better than current, in terms of Salary. The new employer also wants me to join asap, as now the PD are retrogressed. But I definitely don't want to miss the opportunity on filing 485, if the lawsuit settles in our favor next couple of months.


    Guys,
    I know I would be getting a lot of bricks for this but I feel that lawsuit is going to take quite some time for its outcome and the likelihood of its outcome in our favor is less.
    Regards





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  • InTheMoment
    09-07 05:44 PM
    Another case of minimally trained I-485 AO's.

    Don't worry - there is ample help on this from IV, especially from "chanduv23" on issues on I-140 revoking and wrongful denial.



    Dear IV please help .

    Could you please help me decide about my next course of action, I believe my I-485 is wrongfully denied.

    My case details are as follows:


    1) EB 2 India ,priority date November 2004
    2) I -140 approved in 2007(employer A)
    3) Filled 485 in August 2007, changed employer after 180 days of filing I-485.
    4) Got RFE in 2008 august(for EVL),responded back with all the documents from the present employer.(employer B)
    Received email from CIS "RFE recieved and case process resumed "
    5)Renewed EAD for my spouse.
    6) Approved I-140 status changed to pending in May 2009.
    7) Later renewed my EAD in June 2009 with out any problems
    8) Came to know that my 140 was revoked in May 2009 by employer A
    9) Received I-485 denial notice in August 2009 stating the reason"485 denied due to revoke of underlying 140 by employer A."


    So now iam filing MTR with the help of attorney .

    iam depressed,last year when my PD was current i missed the window ,now iam afraid again i will miss the window.

    what should be my course of action apart from filling MTR,how much time it will take for my case to resume pending status .
    What are my chances of getting approval this year.
    Gurus please advice,.
    Till now postponed everything with the hope of getting GC. iam confused now.



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  • v2neha
    11-02 09:05 PM
    Raising money thru legal domestic and foreign sources for investing in EB-5 category is allowed as long as the loan is not secured by the business itself. Money you raise must be secured by your personal property.

    also that you need to maintain the company and atleast 10 to 12 employees for a period of 2 1/2 years atleast. you get your temporary green card for the first 2 1/2 years. USCIS will verify everything again at the end of 2 1/2 years and issue a permanent green card. so, the whole process can take upto 4 years of time. this is plain information. get full masala from any immigration lawyer.





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  • coopheal
    04-30 09:59 PM
    My attorney had mentioned some months back that this is possible and he has done this successfully for one of his clients whose spouse was in Europe when the AP application was made and approved - they just mailed the AP document to her and she came in with no issues.

    Though the application form explicitly says that one cannot apply for Ap when out of the country unless you are going to have it mailed to the local consulate in that country and submit additional documents... my attorney said that this information was not accurate anymore and he had successfully applied for AP for folks who were not present in the country during the time of the application or approval.

    Again this is not a personal experience but something I thought I'd share - not to make it any more confusing than it already is. I would be very interested in finding out more about this as well.

    Thanks for sharing this information. However I would still like to know from people who have this experience first hand.



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  • Redeye
    12-18 11:23 AM
    that's why I said "priorities differ" . It is another issue if you have none. This is a discussion. I have my priorities straight so put them up there.

    And no I am not from Amway or Quickstar.

    I am an IBMer.

    Thanks





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  • whoever
    02-09 01:34 PM
    no way. how do you reason faster pd movement? i guess it will slow because 1-485 stage will be processed fast -- by that i mean finger printing, background checking will be done soon etc -- that will mean pd movement will be so precise enough to only accomodate 7% of 140,000 ppl from each country + any overflow .. you know from row. I guess currently, they dont know how many will be stuck in fbi check and all that - ie, they dont know how many will be able to get gc/ completing i-485, so the pd movement is not precise and maybe progressed to accomodate more than 7% of 140,000 to file i-485.

    things dont look good at all. i hope i am wrong, but i am very worried.



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  • delhis_007
    03-26 10:56 AM
    Hi all,

    I received a fingerprinting request this past Friday. I have done it atleast 4 times in the past, but do not remember when was the last time. I was just curious to know if others are also getting fingerprinting requests?

    Thank you.





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  • kumaabh
    03-12 12:34 AM
    Hi KSRAO, Do u know why you are getting an RFE. I mean do you know whether your GC sponsoring employer withdrew the I-140 or revoked the H1B?



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  • GCBy3000
    07-13 08:17 AM
    This thread did not reach even two pages after long time. See our mind set. I should have kept the title as "In NEXT 24 HOURS...." or "Time for us to enjoy" or "We did it..." etc. At least I would have had some visitors if not contributors.





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  • FinalGC
    07-23 04:06 PM
    As a GC holder you can apply for GC for parents, but they will fall under the family based category. However, if u r a citizen and ur parents are here, you can apply for AOS when they are visiting US and get GC quickly within 6months-1year. My employer's mom just got it like that.....3 weeks ago



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  • meridiani.planum
    04-18 05:50 PM
    The law specifically states that AC-21 kicks in 180 days since I485 is FILED. You can not change jobs before that and count on approval.


    not true. You can keep changing jobs, in fact you dont even ever have to work for your sponsoring employer. GC is all for future job.


    Now, they are 2 options here. If the USCIS sends a query for a new employment offer letter, you are in trouble. At that time they will figure out you changed jobs before 180 days. The second option is that the USCIS does not send a query and then you I-485 can get approved. However, this is not legally permissible and they can figure out something was wrong when you apply for citizenship. The fact that your company did not cancel you I140 has NOTHING to do with it. Even if your company cancels 140 after 180days since I140 was filed, you are still entitled to your PD established on I140 stage. However, the 180 days after I485 is filed is hard written law and one should be Very careful when changing jobs.
    Also, the fact that you changed using H1 does not make any difference.
    Good luck.

    the only thing he needs to worry about, is whether at that 180 day point past his 485 filing, the sponsoring employer had the INTENTION of employing him. Thats good enough. Its nice and clean if you are ALREADY employed, but even if you are not, you can argue this case in your favor since the I-140 was not revoked by the sponsoring employer. The only thing he needs to worry about is the possiblity that USCIS asks about the intention of the sponsorer to employ you and how you can convince them of that... the unrevoked I-140 is one thing. If old employer are good enough to issue you a letter to that effect (essentially an employment-offer letter) thats also good enough.
    So hang on and wait to see what USCIS does. You might get through without anything. If they ask for EVL, then you can send from new employer and claim portability since now you are past 180 days.





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  • gc_kaavaali
    06-01 11:22 AM
    As per rule you are fine. But you may get Cranky IO to question the reason for travel. As long as you have supporting reasons you should be fine.

    HI All

    Great info here and all applies to me.

    But i still have a question...if i travel to India and return to US just before my AP expires...then renew my AP..and then say after few weeks travel back to India..and stay in India for a while and return..is there going to be an issue ? Is this even a valid case ?


    Thanks Everyone



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  • jfredr
    01-18 06:33 PM
    Its his responsibility to send you W2.

    He has to send it to you. any way they start sending out only after jan-15th. so you can expect it beween Jan 15 th to March 31st.

    Send him couple of friendly reminders and if he does not respond say that you are going to report to IRS. even after if he doesn't respond then you always have the option of complainin to IRS. which will be a big headache for him.

    i dont think any desi employer will be willing to go to IRS.
    because most of the Desi employers are cheaters & don't have any ethics.

    I have to fight with my previous employer couple of years back to get my w2's





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  • sivananda
    03-24 02:56 PM
    can anyone help pls....?

    thanks



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  • gcobsessed
    06-08 04:32 PM
    Got by 7th year H1-B successfully stamped at Halifax. The consulate is open for appointments only on tuesday/thursday. They take atleast 24 hours to hand back the passport.

    At the time of application, the consular officer asked if I had been with the same company and whether the company had applied for green card. Answered yes to both, and she said to collect my visa the next day.

    Took the receipt to the consulate the next day and collected my passport. It was straightforward without any issues.

    I had done my stamping in Calgary 3 years ago and the passport was returned the same day. But, nowadays it takes at least 24 hours for passport to be returned, though you can make a request for return the same day and they will give it to you if you have a valid reason (like medical emergency) and the visa is approved without any delays. I saw a lady make this request and collect her passport the same day.

    Good luck to all who goes to Canada for stamping.





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  • REEF�
    11-27 07:42 PM
    HAHA

    dizzy wants to broadcast his ownage :lol:





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  • vr_thota
    08-07 11:49 PM
    $$$$$$$$$$$$$$$$$$$$$$





    dvb123
    09-20 02:50 PM
    dvb123, is anyway to tracking volume of porting EB3 to EB2�

    Unfortunately even USCIS does not know that. When your second i-140 is approved you usually have to inform uscis that you want to port. Otherwise USCIS does not know that.

    Somebody can put a FOIA request to know this info but it may take a long long time.





    srisra
    07-18 10:13 AM
    old fee is applicable until aug 17th. this is a great news. this is really a big vicory for us.
    my sincere thanks from my heart to "IMMIGRATION VOICE"... this is really great