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  • black_logs
    11-07 03:50 PM
    Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
    This is the 'A' of ABCD of Labor application if your employers doen't understand it than......



    Folks,

    I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.

    My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.

    Labor approved
    Applying for I-140
    Priorty date 10/2002
    ROW

    Thanks again




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  • supender
    09-21 03:16 PM
    I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.

    One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.




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  • bekugc
    03-20 04:46 PM
    omg, for a second i thought that there was really a fasting rally in DC...arranged by IV.
    just chill !! :-)




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  • dixie
    10-02 02:46 PM
    If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.

    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.



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  • juhis
    06-14 06:45 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.

    This is what I call a true productive forum. Thanks factoryman for providing this list.




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  • ssswapnil
    08-03 10:16 PM
    Hi,

    My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.

    I came back to US and my present employer will be reinitiating the process soon.

    Is it possible to recapture the priority date from 2001 filing?

    Thanks.
    Swapnil



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  • gcdreamer05
    09-19 12:39 PM
    If I go for appointment and they put case under PIMS review as I just got ext approval last months. Will they take passport with them ? if Not can I travel with passport and ask to close case of stamping ?

    I read in IV forums that few ppl had sent their 797 copy to kentucky center asking to check in to PIMS, you ca ntry that.

    Ya they will take ur passport, if you request to release you need to basically cancel stamping and use ur EAD/AP to enter back but that will make you in to parolee status.

    Please do post your experience after you go for stamping.




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  • vaishnavilakshmi
    06-22 11:16 AM
    Hi,

    U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.

    Hope this helps u,
    vaishu



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  • qualified_trash
    11-02 01:32 PM
    rajiv khanna is good. he took my wife's case which was messed up by another lawyer and helped her get the work visa with change of status so she could start working here.




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  • Googler
    07-17 07:06 PM
    All,

    USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.

    We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:

    (1) Visa Number Wastage: Fix Through Recapture

    (2) Name Check Delays:

    (a) More than 30 FBI analysts should be granted for the process
    (b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
    (c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself

    We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.

    And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.



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  • sureshd
    07-01 05:34 PM
    Hi All,
    Company A:
    I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
    Labor approved Dec, 2006.
    I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
    which we responded in time and USCIS received on Dec 5, 2007)
    I-485 applied in Sep 2007
    Got EID and Advance parole approved.
    I-140 Denied on Apr 3 2008.
    Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).

    Company B:
    Now this company applied for my Labor (Perm) on Apr 21, 2008.
    Got Approved on June 24, 2008.


    1. Do I Eligible for Premium Processing of I-140?
    2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.

    Please advice.

    Thanks




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  • GotGC??
    09-06 04:37 PM
    UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.

    The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).

    Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.

    Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:

    "UK Plan to boost immigration from India"

    http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India



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  • vikramy
    06-05 03:12 PM
    Some of the answers i know. I did a H1 transfer in 2004 and travelled to india.


    I have to leave for India on Saturday for my wedding next weekend.

    My possible scenarios :-

    1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
    Yes. Make arrangements for your company to send you these approval notice to India
    2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
    For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident

    3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
    You can travel and your company can send you the approval. I did it in 2004
    Can someone advise ?
    My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
    yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
    Thanks, and keep up all the good work.




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  • Berkeleybee
    05-25 07:17 PM
    What about validating the visas in the US? I think it was some where in Brownback amnd.

    There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out

    We will have to do a post-final-bill-with-amendments analysis.

    Please hold on till that becomes available.

    Thanks,
    Berkeleybee



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  • sriharirag
    07-16 10:47 AM
    Here is the full article.

    >>>>>>>>>>>
    U.S. to Reverse
    Some Denials
    Of Work Visas
    By MIRIAM JORDAN
    July 16, 2007; Page A2

    Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.

    Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.

    Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.

    People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.

    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.

    The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.

    July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.

    Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.

    July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.

    The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.

    The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.

    Write to Miriam Jordan at miriam.jordan@wsj.com




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  • indianabacklog
    01-03 01:04 PM
    Yes she not current visa status :-( Thats why I am worried about her travel plan.

    If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.

    If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.



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  • kshitijnt
    02-07 08:58 PM
    I would like to know what is the risk if someone filed I-485...is it because he has two labor and I-140 or generic. I couldnt understand your point...?

    US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.




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  • geesee_99
    12-14 11:36 AM
    Thanks for reply CPUwiz.




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  • sparklinks
    07-24 09:21 AM
    can one ask NSC and see if they have cashed check > they should be able to tell us by our last , frist name, social security etc ?

    Where is the link of USCIS memo which talks about following

    "There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."

    I have called CIS 2 times, they told me to wait until Aug 2nd week.




    ngaheer
    12-12 08:14 PM
    Thanks amitjoey,

    Some good pointers there. I knew there is wealth of ideas here.

    I am going to talk to a lawyer and propose this to the co. I am talking to. Hell, things can't get any shi**ier than they are now.




    logiclife
    01-16 12:43 PM
    There are some apprehensions on immigration portal about legality of lobbying and having an advocacy group to talk on our behalf and work on our behalf. I have posted a reply there and I am posting that same thing here to clear your fears of "backlash" and "Legal issues".

    -----------------------------------
    Hi,

    There is nothing wrong with Lobbying. It is completely legal to seek professional advocacy for a public cause in order to shape public policy.

    It is regulated and legal. Money given to lobbyist are a matter of public record. Hundreds of corporations do this all the time and some of them have their own people do it and some of them hire outside firms who specialize in such activities.

    Lobbying has become a dirty word in the past 4 years and more so because of Abramoff scandal. But it is not going to end and it will continue happening since ITS LEGAL AND REGULATED AND MONITORED.

    See more here http://en.wikipedia.org/wiki/Lobbying to do research in history and dynamics of lobbying.

    Think about lobbying as hiring a lawyer. You can pay a lawyer as much as you want. Its legal. You cannot pay the judge. That is bribery and that is illegal. Similary we are paying orgs to be our advocates or communicator to lawmakers. No-one here is paying any lawmakers. Not a penny.

    Regarding the reactions BECAUSE we hire professional advocates(using advocacy instead of lobbying since its dirty now due to scandals...its the same thing) ....here is the deal. There are 2 choices:

    Choice 1.

    You can be afraid of raising your voice and afraid of anything and everything including the "RADAR" of god-knows-which branch of government(even though its legal), you can be afraid of your own employer(even though its not against company policy in 99% companies to contribute money to orgs that advocate, I have asked my company and they said its ok as long as its not my own profession to lobby and as long as I am not profiting from it personally...which I am not...its contrary...I and other voluteers have contributed personally), you can be afraid of anti-immigration forces that are not going to do anything but...you can be afraid of them. You can live in a country as free as US and be afraid of things that dont even exist.

    Choice 2.

    You can use your backbone and stand up to raise your voice for something you want and something you believe in. Every once in a while you HAVE TO STAND UP FOR WHAT YOU WANT AND SPEAK UP. Justice is not automatic.

    For the sake of argument, let us say that you are on some-one's radar. Who do you thing that is? What are they going to do? If its government branch or agency, they wont do anything because nothing here is illegal. If its a private anti-immigration org then they will know that there are forces just like them in the opposite direction on this issue for immigration. So WHAT? WE know about them and they know about us. They do their job. We do our job. At the end of the day if we make an effect of even 5% on this issue, it could be decisive. And by the way, there are many other orgs that publicly advocate immigration(including illegal immigration) and they have their websites and phone numbers and addresses. They are not afraid of "RADARS" and "ANTI-IMMIGRATION FORCES". WHY SHOULD WE BE AFRAID OF ANYONE.

    Lastly, if you cannot give up your fears and speak up or stand up...atleast dont scare others. I would really appreciate.

    Thanks,
    Logiclife.



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