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miguy03-16 08:37 AMguys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?

thanks



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softcrowd04-23 09:35 AMYes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

All the best!!



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satishbsk07-08 05:58 PMHow do u know that?
When I and my wife gave DNA, the volunteer who collected told that they collected 20 k so far and it is tough to get a match, and it might be only Indian DNA may match to Vinay.



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h1techSlave04-08 02:37 PMWhat would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.


US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)


162,176 total EB were issued in 2007.

There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.

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sanju06-30 02:36 PMThanks babloo!!

I BELIEVE that we will all be fine. Just hang-in there, and do the best that we all can and must.


Guys and Gals,

It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

I'am staying positive..... Want y'all to do it too....

All the best....



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lj_rr08-24 01:13 PMAnyone found a solution for this yet?

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viveckj9908-24 03:41 PMHi All,
I have one labor subsitution(PD EB3 Dec 2004) done before July 16 from another employer.Now I filed my I 485 with June 2006 PD and approved I-140 under perm with my current employer.Now my question is can I apply I-140 with another employer who has labor PD EB3 Dec 2004 with my pending I-485?



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WeShallOvercome12-12 07:50 PMFellow IV members who have their GCs approved and some of those who are still waiting:

I have a few questions on how my brand new GC will help me in my situation..

My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.

Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...

What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?

Thanks for your inputs

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Raju07-04 09:32 PMMy state in four lines

1) Came to US on F-1 Visa, never completed my masters

2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

I had so many hoped on the current numbers . Any idea guys what can i do?
Dont panick man. Your should not have a problem with H1 stamping!



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gc_on_demand04-07 07:22 AMAny IV member got so far ?

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EndlessWait09-08 12:02 PMso why complain.. ofcourse just kidding! , no pun intended



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smiledentist06-15 03:14 PMHi Amit.

I was thinking if I could show one of the partners as succesor of interest, then he can file my 485 as the dental office from which my perm was filed now belongs to him after the partners split.
Any comments.

485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.

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lostinbeta10-04 01:39 AMNo problem :)

Now onto step 3...haha



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jonty_1103-28 04:38 PMjust looking at the tracker and getting a list of EB2 India - 1362 and EB3-India 1171...

This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....

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StukAtBEC02-16 10:19 PMFolks,

I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC

2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.

3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

Gurus... please help me with your suggestions.



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sri130903-25 05:12 PMhttp://www.whitehouse.gov/OpenForQuestions/

Press view questions and search for immigration. You need to complete a simple registration to vote for existing questions or ask a new questions. This is a chance to force President to answer direct questions.

Very nice. I just watched the video.. Feels like Obama is sitting in front of me asking me what my problem is.. Never had this opportunity before right.. He asks us to use internet to tell him what our problems are and also allows us to vote. Though we are not Citizens. He is not asking us to register using SSN or anything and filtering only Citizens.. Its open to all.. Go and tell your problem and also DO vote on relevant topics.
Since its related to economy, related your GC problem to a solution on how you can make a difference to economy by jobs and by buying houses.. Please do it.
Lets this thread be bumped..
Obama wants to answer us Thursday. Just two days from now.. I just did it..

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paskal09-17 01:45 PMwould not do to change names like that
but many organizations use a decscritor line to define themselves

eg:

American Association of Clinical Endocrinologists
The voice of clinical endocrinology

you will find many others like that...why not something like

Immigration Voice
Working for reform in legal immigration
or
A voice for legal immigrants



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optimystic04-22 03:48 PMThat means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.

Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.

Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.

But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.



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prom210-30 08:25 AMMy lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.


I haven't received them yet.

Thank you.



rahulpatel08-14 04:35 PMPlease note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.



GreenCardLegion03-01 05:21 PMGive us all more detailed info on your GC process. You say 485 stage and PD Mar 2003 from India but is your labor approved? Is your 485 filed and pending? is your 140 approved? Anyways

For H1 if you have had 20k for one year then that might be an issue. The issue here is the prevailing wage criteria must be met for any particular year for your geographical area. There are 2 things:

1) If you employer resides in a different state than your working state then you would have had to have a valid LCA for the geographical location where you actually work.

2) For your geographical location DOL will have a set prevailing wage for your occupation listed on your LCA and that wage (ex: 43000$/year) must be met atleast. Even if employer had said he will pay your 60K in H1B or LCA and even if he pays atleast the prevailing wage for that area for any year then there should not be any problems. If that is not met then there will be problems or might be problems. Please consult an expert attorney to handle this.
Good Luck.