Saturday, September 24, 2011

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05-14 02:43 PM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.

I had same situation as vactorboy but I had US masters. I had no problem with labor or I-140. My I-140 was approved in a month.

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01-30 06:19 PM
Either the account of Jaime has been hacked or there is some problem with the forum showing the number of your post count incorrectly.

Hey guys, can anyone help? I?ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?

1- Approximate PERM processing times (from filing time) for EB2
2- Approximate I-485 and I-140 processing times from filing date for EB2
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
4- Are I-140 and I-485 still being filed concurrently?

I know there are trackers, but I find them all confusing!

Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!

(or send me a private message if easier, thanks!)

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03-20 12:04 PM
RoseBall,, here is my query..Please answer

I got RFE on 140 asking

all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

I am still fearing how do USCIS take in to consideration when they finalise the case.

Do you think all these are substantiate my case , or they may come with another RFE or denial..

Please advise me what I want to do, I haven't submitt my case yet.


You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.

If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..

My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....

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07-30 07:48 PM
Is it possible to get your EAD, if I-140 is still pending. :confused:
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)


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02-02 03:39 AM
Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D

I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry

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08-27 06:12 PM
Should I call CIS to see what they say??? Anyone??

It is possible that your 'Stop payment' was a little too late and USCIS might already have cashed the checks but your bank was late in posting it to your account.
IF you absolutely can not stop the 'stop payment', even then don't worry, Your second application is already in.

Calling USCIS doesn't hurt, it hardly is fruitful though.


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08-07 01:34 AM
Received 2 year EAD, with pending I140(EB3 I).

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04-03 07:05 PM
On the Agenda:-

Meeting the lawmakers - who, how and when?

pm or email me at tamsen(at) me for conference call number and bridge number

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07-17 11:01 AM
I think they are doing the right thing. We all should let them work on our cases instead of calling them. We all know how productive they already are. Calling them does not help them or us.

Calling them is just our self-satisfaction.We have already seen how good USCIS is working after July - 2007 Fiasco.I personally impressed the way they are working..i have seen so many I-485 approvals in my friend circle and at my work place from January,that it self incidates that USCIS is really working.


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05-17 07:27 PM
you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
have proof of documents for all the facts
and then go file in one of the federal courts..

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07-18 03:55 AM
I have this dilemma. Since schedule A is exempted from LC, the priority date of Schedule A is the filing of I-140.

My question is:

Should I need to file in July to get a "July" priority date to say that I am filing using the "July VB" or can I file in August, in which I will August PD?

If I file in August then will get August PD, shouldn't it be construed that I am using the "August VB" therefore not allowed to do AOS?

My lawyer says otherwise.


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07-24 08:25 AM
Immigrant petition was filed only for me. However, AoS has been filed for the entire family. So in my opinion the answers to three questions sholuld be 1 - No, 2- No, 3- Yes.- Would that be Correct?

Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?


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01-17 07:36 PM
Hey All,

I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.

Recently, I got my H1b visa extension until 2012.

I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".

I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.

I do hav an employment verification letter obtained from my manager at end client "X".

I am planning to do my visa stamping while in Mumbai. I have 4 questions :

1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?

2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????

3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?

4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.

I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.


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09-29 11:11 PM
Whats your legal status. If you are a USC, you can bring in Fiance visa.

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09-25 04:42 PM
may not be eligible for 245(k)

MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (

Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.

not sure if follow 2 join is applicable here.

check with attorney immediatly.

She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
Google it.

Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.


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11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.

Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.

When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.

Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.

Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.

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01-15 09:52 AM
You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.

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09-30 09:23 PM
is there anyway USCIS would find out that this person changed jobs within 180 days of 485 filing when he or she applies for H1 transfer? and then that could result in 485 denial?

07-15 12:52 PM
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.

Here it goes:

Exercisable Options

Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000

Last date to exercise

However the market share value for the company now is 26.00

now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????

You will want to exercise your option only if the stock price on the date of sale > strike price (30$).

Whenever you sell, any amount > 30$ is your money, else the options are under water and useless

02-17 12:37 PM
The new PW system seems to be taking about 4-5 weeks, not months.

Have you or your org. got any PW responses in 4-5 weeks?

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