smartboy75
05-01 01:11 PM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
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radhay
06-20 11:07 AM
I am in the same boat (completing a decade of career in US). Can they hire you as a consulting PM so you can still stay with your current employer?
sravani
05-15 01:29 PM
Thanks...is your 140 in NSC or TSC ?
NSC
NSC
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eb3_nepa
04-17 05:04 PM
The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
more...
rbashir
06-11 09:12 PM
Guys
I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
Please Please advice me on this matter.
Thanks
I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
Please Please advice me on this matter.
Thanks
perm2gc
08-24 09:18 PM
http://immigrationvoice.org/forum/showthread.php?t=1540
TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...
TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...
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kevinkris
11-21 03:37 PM
My friend did the same thing. Not h1 extention but re-instatement of AP to H1.
It's same as applying for H1 (form 129 etc) but the option you select
is different.
Part 2. Information about this petition. * (See instructions for fee information.)
Basis for Classification (Check one):
Check 2nd option:
Continuation of previously approved employment without change with the same employer.
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
It's same as applying for H1 (form 129 etc) but the option you select
is different.
Part 2. Information about this petition. * (See instructions for fee information.)
Basis for Classification (Check one):
Check 2nd option:
Continuation of previously approved employment without change with the same employer.
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
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amsgc
04-22 09:59 PM
Indian companies like wipro, infosys discourage GC processes.
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
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arihant
06-22 01:17 PM
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
I like your Logic. :D
I like your Logic. :D
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peer123
04-10 10:41 AM
I am not sure how to set up a poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can you any one please set up this poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can you any one please set up this poll question
more...
leoindiano
08-03 05:44 PM
The USCIS has indicated that it plans to reconcile the second A number for each I-485 applicant with the previously-issued A number.
That is the key. Reconciled cases will have no problems.
That is the key. Reconciled cases will have no problems.
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anurakt
01-20 09:29 AM
Please join the orkut immigrationvoice group. This would be another way of reaching each other when time comes.
Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.
Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.
more...
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WillIBLucky
05-30 01:39 PM
Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
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gc_lover
06-28 03:44 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
It's not funny!
It's not funny!
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skd
01-12 02:17 PM
Skd, it was nice of you .. I gave you green :)
God Bless everyone and everywhere.
God Bless everyone and everywhere.
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panky72
07-21 10:38 PM
Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.
I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
http://www.pamf.org/patients/bcg_ppd.html
I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
http://www.pamf.org/patients/bcg_ppd.html
more...
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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?
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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txh1b
08-18 05:11 PM
If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.
Totally wrong. If the H1b was a COS, there has been a status violation by all means!
Totally wrong. If the H1b was a COS, there has been a status violation by all means!
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truthinspector
01-28 08:12 PM
Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
MahaBharatGC
08-15 10:22 AM
I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
sr123
02-11 10:13 AM
As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
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