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  • greenguru
    03-31 03:26 PM
    Yes. I applied for EB2 again in Jan 2009 and ported from EB3 to EB2.

    So that is why it took me so long





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  • extra_mint
    04-22 11:49 AM
    I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response

    Based on my research the response should be
    List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title

    Also I checked this is pretty normal RFE (many people get it)
    Check the link below
    http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]





    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?





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  • hpandey
    03-22 02:50 PM
    Did your new H1 come with an I-94 attached at the bottom or not ? If not then it means that you have to go out of US and get the H1 visa stamped. Also it means that you are still out of status since you do not have a valid I-94.

    Yes potentially as per law you could be barred entry to US for 3 years but sometimes if you do everything legally the CBP officers overlook that. It all depends at the officer at the consulate for stamping and then at the port of entry.

    You can hope to be lucky but what your lawyer says is correct.

    Best of luck.

    I am not a lawyer so your lawyer's advise would be best.





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  • h_shaik
    11-14 04:12 PM
    Your employer gave you a red mark.

    somebody gave red mark...what happened???



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  • intheyan
    08-14 06:42 PM
    Congrads. Did your dependent got approved I-485?





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  • syedajmal
    07-28 09:40 AM
    I just filed for my I-140 in EB2 and I am from India. I would like to know what happens in these circumstances

    1, I get laid off from my company before the Approval of my I-140

    2, I get laid off after the Approval and before I can file my 485( Is there a window of certain days that make a difference afte the approval even if I cannot file my 485)

    At this point I have a good relationship with my employer and I don't see a reason they will cancel or revoke anything that has been filed for me.

    Thanks in advance for your replies.



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  • franklin
    10-11 11:54 PM
    The September rally was a disaster!!!! We were promised CIR reform in the beginining of this year. Even after a rally, what has been achieved? Nothing!

    I am sorry for sounding pessimistic, but despite all attempts we have been successful. Is this because of our cause getting mixed up with illegal immigration? Is it due to inaction on part of lawmakers? Is it due to ineffective lobbying by IV? Or is there a need to change the IV strategy and leadership?

    What is the cause, people?

    With all due respect, why on earth do you think this type of outburst is productive?

    Were you involved in the rally? No.

    Are you active in your state chapter?

    What makes you think you are qualified to make this kind of outburst? Unless, of course, your aim was to be thoroughly disrespectful to dedicated people working for no thanks to make your life better.





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  • peer123
    04-04 04:20 PM
    1. Did you find have any issues when getting 485 approved.
    ---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
    2. Did you file AC21.
    Yes
    3. Does the job responsibility has to meet 100% word by word.
    Not necessary
    4. Has any one you applied for EAD extension on your own.
    I did not apply for extension. But when my time comes I will do it on my own.
    Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
    No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.

    Thanks for your input, If other who have done it earlier and gotten their 485 approved please advise...



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  • belmontboy
    11-16 10:27 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks

    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.





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  • indyanguy
    07-31 11:02 AM
    Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)



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  • svr_76
    06-17 03:04 PM
    I had mine today. The Officer answered the following questions-
    1. Assigned to Officer - Yes
    2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
    3. No transfered/interview scheduled.
    4. Opened up a SR for me for followup.





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  • sk26
    04-13 05:30 PM
    Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...

    No, I did not recive any RFE on my wife's 485 application.



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  • i-serf
    04-20 04:46 PM
    I am on H1/valid I-94/ expired visa/ I-140 in progress.
    My NJ license is set to expire in about two months.
    Given the recent situation with MD state bill HB387 is anybody in the saimilar boat, and what avenues do we have?





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  • lost_in_migration
    05-15 12:24 PM
    The problem of retrogression hits high skilled immigrants of all the countries and this is specially true for EB3. Hope more and more non-Indians sign-up for IV.

    This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.



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  • thirumalkn
    07-23 06:26 PM
    Hi all,

    I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.

    If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.

    1. As soon as AOS (I-485) is filed.
    2. After getting the I-485 receipt.
    3. After the Finger Printing process (Biometric).
    4. After getting the EAD.
    5. After the 180 days mark (since the date of file) using AC21 portability.
    6. After the I-485 is approved.
    7. Only after getting the Green Card on hand.

    Please provide references if there are any clear legal / procedural documents explaining this online.





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  • gcdreamer05
    01-21 12:22 PM
    ya advisable to get it done in india so that we get for 10 yrs,

    Also one more question, does any one know how many days before passport expiry can we apply for renewal?

    Is it 1 yr or can we renew even before 1 yr...



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  • Milind123
    08-16 06:05 AM
    I would like to share my experience with the immigration officer in India.
    Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".

    to be continued.....





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  • pd_recapturing
    06-01 06:39 PM
    Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?





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  • sirinme
    03-16 02:21 PM
    I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.





    GCard_Dream
    06-18 06:32 PM
    I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.


    Letus focus on, What is in CIR for legal immigration ?





    gcformeornot
    08-16 02:35 PM
    Thank you guys.

    What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

    I believe they want to earn extra money from us. What should we do now about this wrong info?

    You think we have no choice here but to pay?

    I'm sorry and thanks for your help.

    Most of the companies have clear cut HR policy on who is covered who is not.
    No matter what HR member said they will follow HR policy.



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