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Monday, June 20, 2011

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  • anshal
    12-30 10:04 AM
    My received date is July 3rd for 485, I140 approved July 18, notice date June 26, 07. for AC21, Is my safe date Dec 30th or Dec 31st. Should I be working on the 31st December for current(485) employer or I am safe today?





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  • chtting2me
    10-10 06:04 PM
    I opened this thread to know any one working with everest techologies "www.everesttechinc.com" . basically to know how they are treating other employers. Looks like no work is working with them.





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  • vasireddyanil
    02-19 01:46 PM
    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??





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  • chanduv23
    10-10 12:25 PM
    Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.

    Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.



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  • rajakannan
    06-27 08:31 AM
    You seem to have got your case approved and you have filed your wife's I485, correct me if I am wrong.

    What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.

    How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.

    yes i got my case approved .. i was in the same stage for my wife's case last month.if people are just satisfied in just sending the applications on jul 1st without worrying about the application getting accepted .. be my guest ... please rush and apply.





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  • ilwaiting
    12-12 02:00 PM
    I think you are right. EB3 india might be stuck for very long time. Remember all the 2001 DOL backlog cases from NY, NJ and CA? And how long BEC took to clear them? They are all waiting to get into the EB queue.

    In the previous month, EB3-INDIA date was April22nd,2001. Now it moved to May8th2001. Now, the people with PD's from April22rd2001 to May7th2001 are eligible to apply or ready for adjudication of 485. That means, probably, there are lot of 485(245i) cases to be adjudicated? What do you all think?

    Thanks.



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  • javadeveloper
    01-09 11:37 AM
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.

    As per my knowledge:
    You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.





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  • jasguild
    07-17 09:17 AM
    I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.

    I wont even get in a pissing match with you. YOu are free to believe what ever you want.

    if you read my post you will see my concern is about the system not working.

    I can make a similar argument about you and others. You are so concerned about your benefit today, that you dont see the harm it may do to H1b holders and future candidates for I-485.

    If it makes you feel good you can fly to washington and thank them for the blessings after the announcement. So whatever makes your boat floats...

    jasquil



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  • lazycis
    12-28 11:32 AM
    Hi,

    I-140 approved - June 2006
    I-485 Filed in July 2007
    AP- Approved Oct 2007
    FP - Done in Oct 2007
    Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check

    FP status check phone is 304-625-5590. Name check is a different story. Write a letter to your congressman/senator or even Mr. President to inquiry about the name check status.





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  • HarshJ
    10-02 01:31 PM
    No FP notices. Spoke with the lawyer today morning and he mentioned that as the FPs are elgible for 15 months, they issue the FP when they "think" that they shall be able to finish the case in that 15 month time period.

    My EADs say FP not available, but I believe that it is not a big concern.

    Now that my EB3 PD is Sept 2001, I am hoping to get the FPs sooner rather than later.

    As for I-485 Reciept Notice's receipt date, will check with lawyer again and update you folks on that.



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  • go_guy123
    03-11 11:35 PM
    I don't have personal problems except with the point I mentioned. I am a consultant. Whenever I go on vacation, I take long vacations after discontinuing my current project. I comeback from vacation and look for a new project. I don't think there is anything fraudulent about that practice. So the above rule definitely concerns me. I think that is non-sense.

    What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.





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  • gc28262
    03-11 11:41 PM
    What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.

    Who said I am working on percentage basis ? Where did you read that ?



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  • Brightsider
    11-25 04:55 PM
    Commendable Job!!!
    Please accept my compliments, Pappu and the team.

    My suggestions for your meeting with USCIS:-
    1. In the interest of transparency, let them also publish data about monthly filings in each of the EB categories. It will reduce uncertainty further.
    2. Provide separate numbers for family-based and employment-based cases in their monthly progress reports. To a large extent, this can be obviated by regularly updating the pendency figures published in Sept 09.
    3. Include the CP data in the same report along with I-485 data. Becomes easier to compile the big picture and analyze it.

    Now, since we dont have any academic interest in the subject,
    4. Press the case for recapture of lost visas
    5. Have quarterly spillover. Implementation of suggestion (1) will be an enabling factor.
    :):):)





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  • swamy
    10-27 12:15 AM
    as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....
    even if thats the case they cant go back after more than 2 years ...they simply cant decide after two years if something wasnt filed in time - even by uscis' horrible standards that'd be a new low



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  • chanduv23
    07-02 04:19 PM
    Legal fee (Myself and wife) = $1000 + $500 + $100 (expenses) = $1600
    Medical = $ 300
    Photos + Stationary + Other expenses = $ 200
    Total = $2100





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  • nomorelogins
    11-18 12:51 PM
    Filed under "thoughts from porcelain throne".



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  • vghc
    07-25 11:04 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)





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  • niidawg3
    01-26 09:32 AM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...





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  • Libra
    08-22 11:06 AM
    people are interested in polling july receipts threads but no one is interested in polling bus ride threads.

    Guys, if you belong to any of the states in the following links please poll, participate in rally on sept 18th in DC.

    http://immigrationvoice.org/forum/showthread.php?t=12628

    http://immigrationvoice.org/forum/showthread.php?t=12567

    http://immigrationvoice.org/forum/showthread.php?t=12599





    ramus
    07-02 04:03 PM
    at the end please put total..

    Thanks..





    Ramba
    08-07 06:10 PM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.

    Don't even think about that, unless you want to go to jail. They can easily find out if you were staying in US while your marriage tookplace in India.



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