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  • suny_saini
    07-22 06:14 AM
    hello friends
    hope u experienced guys can help me and advise me in my case:

    my dad is a green card holder and a pernanent resident of US

    me my mom and my younger bro were applied by my dad in E3 category.

    abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.

    now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)

    my name was not there for interview.

    on the day of interview i went with my family.
    they took interview of my mom and bro and said everything is ok.
    i was also there in waiting room and only i was allowed to talk and ask the officer at enquire

    consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.

    i asked at lady at enquire that why they returned the passports?
    and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
    so after u present the approval notice they will think and decide if i can be able to get visa or not.

    then we have again submitted and also i submillted my passport with their.

    can anybody help me and tell me wots gonna happen???
    i cant wait of their responce.
    here are some detials if u can check and calculate if i am elegible...

    My current age - 21 yrs and 7 months

    Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days

    Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
    see date of posting at the end of page ie. 11 may

    I-140 Filed: May20, 2003
    Approved: October 8, 2003
    Time taken : 5 monnths and 19 days

    Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
    Approved ON: Nov 7, 2005

    Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.

    and we filled DS-230 and courier to Delhi US embassy.

    Our dates were current near Nov 2005 but again they changed the dates and it became un current.

    now dates are current again.

    plz help me....





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  • jsb
    09-07 11:02 AM
    ...
    If I do not block my checks my worry is that it might create duplicate cases.
    Yes in my second set of application I did mention the reason why I am filing the second time

    Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok





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  • bongopondit
    07-27 12:53 AM
    You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.

    Hi edaltsis,

    can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.

    Hi bluez25

    As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.

    Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:

    "Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."





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  • venky08
    12-06 11:35 PM
    three words dude:

    FIRE YOUR LAWYER:D

    seriously,
    you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.

    do a google search on rule 104 or somebody else can help you out with this



    Hello,

    My apologies upfront if I am posting this in the wrong thread.

    I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?

    As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.

    Thank you.
    Apoorv



    My GC status is as follows
    I-140 - approved
    EAD - approved
    AP - approved
    FP - completed .



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  • gc_maine2
    07-27 10:43 AM
    Since i have left it blank and realized later, i called my lawyer and found out that its not a problem we can leave it blank. Hope she is correct.

    Thanks





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  • dyamannavar
    11-28 10:15 AM
    I had a LUD on I140 as well on 11/25. I140 was approved last year.

    Rajeev



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  • hpandey
    01-30 11:45 AM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.


    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.





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  • letstalklc
    10-09 05:24 PM
    Good think is that they didnt put it back...

    I think we could see some forward movement in December Bulletin if spill over rule applicable, otherwise wait for september 2010......

    the only option is that VISA RE CAPTURE BILL.....



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  • loma
    04-15 10:03 AM
    If your e-file gets rejected, you can send in your retrun electronically, and submit a paper form: Form 8453-OL with your signatures. I did this with TurboTax software.

    This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.

    Thanks
    Amol





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  • sss9i
    10-18 05:08 PM
    I had same problem,Employer not giving I-140 reciept notice.
    How to get it from USCIS.
    Thanks in advace.


    The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.



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  • priderock
    05-02 12:46 AM
    Link : (http://judiciary.house.gov/media/pdfs/Kaplan070501.pdf)

    Very interesting read.





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  • maverick80
    01-30 11:37 PM
    anyone? Any help would be appreciated here.



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  • Circus123
    10-06 09:02 PM
    Thanks





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  • PD_Dec2002
    07-05 04:32 PM
    From Mathhew Oh (http://www.immigration-law.com/):

    07/02/2007: To File or Not To File, That Is the Question!

    The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
    ---------------

    Thanks,
    Jayant



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  • Jerry2121
    07-02 01:22 PM
    If notice of action for I-485 does not have a priority date written on it, can I still file WOM since I've had an interview 2 years ago without result? How did your wom filing go?
    thanks!





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  • purgan
    02-01 02:03 AM
    Use EB2 because i read somewhere EB2 IND ould open up later in FY 2008, i..e May-July like last year.



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  • krishna.ahd
    11-01 09:47 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.
    I assume this is your fisrt job/assignment and understand your pain.
    May be you are at wrong time and wrong place. Work this out patiently.
    Do they ( your company) have work for you or client's assignment ??
    While try to gain some real work experince working here for a while , Please try to find out another sponsor and switch.
    BTW, how about your skill set ??





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  • nviren
    04-19 02:26 PM
    I don't have the experience.

    But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.

    But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.

    In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.

    BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.

    Thanks,





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  • wandmaker
    11-06 11:39 AM
    Hi All,

    Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

    1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

    2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

    3. How long I can continue with future employment in the GC process?

    4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

    5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

    All the best!!!

    -
    Regards
    Ajaykumar

    #1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

    #2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

    #4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.

    #5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.





    aat0995
    09-23 01:24 PM
    Soft LUD for me. It was so soft that it didnt even update the date.
    New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case

    And how to you differentiate between soft lud and very soft lud?:o





    franklin
    07-05 02:49 PM
    The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U. See my reasoning above. It doesn't matter, the visa numbers were used up. EB3 ROW gobbled up the ROW quotient when retrogression was eased in May and June
    Did USCIS stop paying attention to EB-2 vs EB-3 classification? If you are talking about ROW, it doesn't matter. There were no backlogs in processing EB2
    How about country limits? Did USCIS give India more than 3K visas? I'd imagine so 7% of 140k is 9800
    Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June? Now that is a good question
    See answers in purple