Monday, June 13, 2011

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  • atlfp
    04-08 02:44 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.


    Atlfp,

    I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.

    Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.

    So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.

    Will keep members posted on this.

    best,
    Berkeleybee





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  • ujjvalkoul
    07-19 11:36 AM
    LOoks like ur employer has not given you this (I-485 w/EAD)option. It may be that he wants to milk u a little furthur.





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  • va_labor2002
    06-17 12:53 PM
    Once the Core team drafts a letter we can send that....

    Any comments from Core Team Members ? Is it possible to send ? Who is going to draft a letter ?





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  • hpandey
    07-03 11:49 AM
    If you can convert to EB2 ( eligible for it ) and recapture your earlier PD of EB3 then it would be the best course of action . If you keep on waiting for the bills to pass ( and they don't since this is an election year ) then you would just lose time.

    I know we are all frustrated because of this seemingly endless wait but I am positive - it is not endless . It will end one way or the other - for some sooner and for others later.



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  • hpandey
    03-12 10:18 AM
    Interesting. I never received the 1099-INT. Will talk to my bank.

    You would receive the 1099-INT form only if your interest income is above 10 $ . If it is less than that you won't get it . That's why probably you did not receive it if you had negligible interest.





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  • eastindia
    05-10 10:54 AM
    My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)

    4-5 years is nothing. I have seen people pending 9 Years in EB3 India.



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  • aubGC
    03-19 09:24 AM
    I think, you need 3 latest paystubs for your H1B transfer to another employer..
    Please check with attorney for confirmation...Good Luck to you





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  • Fugu
    01-11 01:53 PM
    Thank you both for your replies.

    I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?



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  • H1Girl
    04-08 10:09 PM
    Hi,

    I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...

    My Situation:

    1. Entered into USA using H1B Visa
    2. Changed the job and now working using EAD
    3. In othyer words, my status would be AOS Pending...

    Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...

    The nearest ones that I am thinking are "parolee" or "UNKNOWN"

    Has anyone faced the situation? Could you please help me?





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  • perm2gc
    08-24 04:48 PM
    I have similar situation and not sure whether I will be able to apply for H1B revalidation..

    I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
    H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..

    My Views Are Personal..Consult Immigration Attroney !!!



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  • h1-b forever
    05-11 10:48 AM
    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.

    This is good news. When did you apply and where did you apply for EAD? Are you considering to going to DC on June 7 and 8?





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  • synergy
    12-11 01:15 PM
    I agree with this....File a new labour and you need to get the 140 approved. Once it is approved ,you can reclaim your old priority date for 485.

    dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

    New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.



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  • smartboy75
    07-17 07:49 PM
    Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it





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  • alex99
    09-28 08:46 AM
    My Employer is paying for my Family GC Expenses (Myself, Wife, and Daughter). I have been working for him for the last 3 years. At the time of Filing my Labor, I have signed a letter (Just a letter on Company Letter Head) and faxed him the copy and the Original is with me. The letter says I have to pay back all the expenses for my GC if I leave the Employer before my GC approval time + 6 months.

    My priority date is July 2006 in EB3 and 485 was filed on July 3rd. Based on the current trend it might take another 4 to 5 years to get my GC. My employer pays me very less and is not willing to give any hike in near future.

    After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

    Thanks in advance,
    Ashok...



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  • kittu07in
    08-20 05:46 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.





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  • beautifulMind
    07-16 02:48 PM
    I posted it there as well



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  • waitingmygc
    09-09 08:16 PM
    Hi YesWeWillGet,

    Is your friend filed EB-2 with same EB-3 employer or different?

    Now these days, three months is surprising.





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  • dealsnet
    01-05 11:41 AM
    First year or 10th year of H1B, the law is same.

    Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?





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  • kaisersose
    03-05 01:40 PM
    The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.

    ....

    Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.

    About what to do next, I would say start planning the "got my GC" party. Write down your guest list, the brands of wine and start talking to caterers. By the time you are done with this, you should have your approval.





    mmk123
    02-19 06:40 AM
    No insurance here covers pre-existing conditions. sorry... Others can correct me, but only india network plan covers emergency conditions that arise from pre-existing conditions.. at least better than nothing. Hence, plan accordingly. You can still get expensive plans with a better coverage but still they don't cover any pre-existing conditions. Regarding normal situations, one of my friends had good experience with them for one of the claims.. pls note, i have nothing to do with them and not a PR for them.

    if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..

    hope this helps, good luck.





    onemorecame
    04-13 01:59 PM
    Congratulations..



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