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  • glus
    03-19 11:31 AM
    GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
    If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
    If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
    Mind you, I-140 is not your application, it is employers!

    See my previous statement. There is nothing in the law that states one needs to 'work' for a company when I140 is being processed. Period.




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  • tinuverma
    03-17 02:08 PM
    I guess I will ask you the same...is that true both for H1 transfer and EAD?

    Thanks

    As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.




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  • jonty_11
    11-06 12:29 PM
    I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.
    Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?




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  • kaushik7
    11-23 04:09 PM
    Hello all,

    I am on the same boat, and I opened the service request around the same time with same reply. Any updates for anyone? Please keep this active.
    any information or directions is appreciated.

    thanks



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  • raju123
    05-15 10:45 AM
    ^^^^^ Please vote here

    Only 215 votes for EB2 India?

    Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?

    We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?

    Something doesn't add up.

    Can ROW people please have a poll for yourselves?




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  • GCBy3000
    04-15 06:38 PM
    Admins,

    Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.


    I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.



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  • new_horizon
    02-17 07:16 AM
    I have a couple of questions:
    1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
    2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?

    thanks.




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  • BharatPremi
    07-11 11:18 PM
    Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.

    USCIS Ombundsman report from JUNE 2007 says:
    "For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
    - As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.

    USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.

    End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).

    As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.

    If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.

    If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.

    Anybody thinks the above makes sense?

    jazz

    When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)



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  • enver
    06-13 04:00 PM
    Im from Turkey.




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  • gxr
    10-02 09:14 PM
    sush - What's the LUD on your 140 ?



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  • logiclife
    01-05 11:31 AM
    There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.

    Everyone here on this org is:

    1. Affected by retrogression.
    2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
    3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.

    While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.

    Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.

    Thanks,
    logiclife.




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  • spicy_guy
    04-26 12:24 PM
    we live in Chicagoland. PM me if you would like to talk.

    Hi Evildead,

    Can you check your PM pls?



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  • gc28262
    04-12 12:45 AM
    Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?

    -GCisaDawg

    Yes OP was in legal status till Mar 31st. ( One is in status while H1B is pending)




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  • chris
    02-05 02:10 PM
    Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

    Called VSC, One officer told me that they have thousands of cases pending. :confused:

    Any one got GC recently and pending with IO more that 60 days ?

    Appricaite comments and advice.



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  • mmaxima
    07-23 09:43 AM
    I got a RFE for employment letter not matching closely to the PERM job ads. My 140 is under premium process. The new emplyment letter has been resubmitted. How long does it take for USCIS to make dicision on my case? Will it be process in priority because it's a premium process? Or there is no premium process after RFE? Thanks.




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  • suresh.emails
    01-12 01:55 PM
    It was clearly written in the last 2 pages of any Indian passport that, one should not handover passport to any one; unless other wise MOE (Ministry of External Affairs), Indian Court has ordered so.

    It is illegal to:
    1. Hand over passport to any one
    2. Send through courier across borders
    3. To Mortgage passport (a set of people will do in some cases; when they owe money)
    4. In Possesen of others passport.

    The imprisonment for doing so is 6 months to 3 years in jail or fine or may be both (to the best of my knowledge).

    So be careful in doing so.

    P.S-1: Handing over passport to Consulate/Embassies is a different case and person should be in the same country where the consulate is while applying for visa?.



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  • priderock
    05-15 01:33 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



    If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.

    I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.




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  • gcisadawg
    04-12 12:14 AM
    There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1

    Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?

    -GCisaDawg




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  • gimmemygreen
    10-12 12:59 PM
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    desi3933
    09-05 05:13 PM
    I would recommend LLC, as then you have limited liability. You can actually register it using legalzoom for a price much cheaper than CPA. In no way am I endorsing legalzoom, it is just one of the many websites that do this. You might wanna look for a better and cheaper one.


    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant




    bpc2001
    02-25 03:20 PM
    Please, the date does not mean what it should mean. Otherwise nobody can explain the fact that this date can go backwards. For TSC, it went back from May 24 to April 10.


    The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.



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