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Tuesday, June 7, 2011

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p_kumar02-27 12:16 PMOk, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

Hope this makes sense.

You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:



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GotGC??05-29 07:47 PMMany people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

Could you please clarify:
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?



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p.guptapost06-04 10:09 AMHi,

We paper filed thru about company attorney in May 1st week from Texas. Till now no receipt received.
Is there any way I can call USCIS to check status without receipt number in hand? Can they track it via SSN or alien no?

Pl. let me know.



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desi393303-03 10:48 AMQuick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.

No.

Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.

http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf

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heywhat07-26 10:07 AMOption 1> Try to bring your wife to US before aug 17. (No risk at all)
Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.

Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.

In short, FILE IT....



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chanduv2309-15 09:59 PMNo place for the selfish - and for those lazy people expecting others to do it for them

AMERICA IS FOR THE BRAVE,
WORLD IS FOR THE BRAVE

NO ROOM FOR SELFISH
NO ROOM FOR COWARDS
NO ROOM FOR LAZY

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user120502-13 06:38 PMThey have processing times for each service center. If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current.
Now you have to chack that date instead of the visa bulletin :)
As others have said, Infopass might help to find out if it's with an IO or not.



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gcseeker200208-17 02:35 PMThink, deside and do and don't think again! But Review it.

..Maybe he thought he heard you say..

"Don't think, decide and do and don't think again! And don't review it. :)

Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
He'll eventually get GC & will be driving a Lexas in Dullas, Texus with his roomtae and queep quite ;)

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nashim12-12 11:36 AMWhat was the REF about?

As a backup you can file new EB3 PERM



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n_200602-10 12:21 AMInfact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

Did you work during this period?

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h1b_tristate07-27 11:22 PM^



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aadimanav08-31 11:54 AMI think we all should VOTE in this poll.

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gc_bucs03-18 10:18 AMYou & your wife should talk to a good attorney about the possibility of using "interfiling" in case of a divorce. I was in the same situation as you couple of years ago & Shiela Murthy's office recommended "interfiling". If you need more information send me a PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?



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s_r_e_e08-15 11:26 AMyou just beat me in posting this
:D

happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)

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Lasantha02-18 03:35 PMLast Updated Date

I am fairly new to this community and not familiar with acronyms.
Can someone kindly explain what LUD is ?
My PD is now current as well and want to find out how to track my case.
Thanks for everyone's collective support. :D



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wandmaker01-09 01:22 PMI have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.

-M

NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.

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ash021005-15 09:09 AMDue to PD movement, to track exact status of how many guys are "already in Que" and how many guys want to "join" the Que, we needs to have two more options e.g. -
- India PD current & I-485 already filed (guys already in Que)
- India PD current & I-485 NOT filed (guys want to Join the Que)

This will help to know how many guys are in que, how many VISA's are available (as per USCIS) and then we will have some "guess" work on how PD will move ahaead in upcoming months!!

This is a EB3 - General Poll across all countries



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vts3110-20 10:08 PMcorrect...and holy crap u have a lot of posts!



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nandakumar03-06 09:41 PMFaxed



franklin10-12 10:53 AMPlease move this thread to the appropriate forum, this has nothing to do with DC rally logisitics



jsb03-27 09:31 AMI agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?

I agree and share your views on how someone should treat a guest, etc. But I just stated facts.

Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).