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  • invincibleasian
    01-31 06:17 PM
    I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
    BTW , he has no plans to travel out of country so stamping is not an issue.
    H4 is the best option. F1to h1 is a pain!





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  • sk2006
    02-27 07:56 PM
    Who still thinks this is a normal depression? I feel like saying "I told you so".

    Noway it is normal..
    When was the last "normal" economic cycle when so many big banks failed...

    Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.

    Citi, BofA,Wells etc are all in trouble..
    Would you believe Citi stock at 3 Bucks?

    And it all started with Housing.

    House prices never go down! Oh yeah.





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  • cygent
    03-21 04:35 PM
    Hello all,

    How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?

    Thanks!





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  • perm2gc
    12-27 12:58 AM
    one more
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  • ajthakur
    07-14 05:47 PM
    Should I send a AC21 letter to USCIS along with my new employment letter?
    Who is the best attorney for such cases?
    Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
    ajthakur,
    Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
    Hope this helps...I am not an attorney, but thought my few cents might help you.





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  • nixstor
    07-04 09:25 PM
    nixstor,

    First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.

    Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.

    Well, Thats what I have said before as well. Its like setting the order card flag to "yes" on 60K cases with older PD's. I do not know from where Jay Solomon got the tip off about lapse of name checks, unless they are trying to make this a big issue through all possible means. There have been stories flying around that they by passed on security checks, which I thought your original post conveyed. Most of the 485's they approved have been the one's with PD's from 2003 and 2004 initially. If there are a few from the pile that were of later PD's, I don't think its a big issue. The lack of communication and implementation/interpretation at their whims and fancies has resulted in the situation at hand for every one involved in the chain. I am very very positive that the OB's office has nothing do with this and USCIS is not worried about the postmortem conducted by OB.



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  • meridiani.planum
    07-21 04:01 AM
    Hello Gurus,

    I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:

    once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.

    IMO a simple case would be someone who:
    - has never changed employers
    - was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
    - was never denied any application (change of status / entry to US)
    - has clear medical records
    - has clear documents related to birth certificate

    Complicated cases are when:
    - someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
    - some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.





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  • pappu
    08-03 01:01 PM
    if there is diff emails with diff content it will be better. it will show diversity. even though we all will say the same thing.

    on second thoughts i feel lou dobbs is unlikely to change his opinion even if 1K people send him mails. send it anyways to all other cnn anchors so that IV can get some coverage on cnn.



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  • conchshell
    07-28 11:00 AM
    Instead of discussing this matter on IV forum ... please report it to Vishwa Hindu Parishad ( www.vhp.org ) They are actively searching for such issues.





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  • natrajs
    07-07 09:54 PM
    Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.

    No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).

    Congrats & Best Wishes

    Finally the good news



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  • waitnwatch
    07-28 04:16 PM
    Admin Please Please Please Please Please Please Please Please Please Please Please Please Please Please Closeee this Threadddddd


    Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D





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  • gc_on_demand
    08-10 04:01 PM
    10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement

    I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.

    Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.



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  • gvenkat
    10-21 12:38 PM
    /* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */

    Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)





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  • rvikul
    07-19 03:44 PM
    Based on hours and hours of research online, it looks like there are name check victims all over the place. There are several forums, trackers etc.

    I believe IV, with its recent gain in popularity would be the ideal place to consolidate and bring together all the name check victims.

    I work for a large software company and currently we have at least 140 employees stuck in name check. We even have a representative committee thats actively working with our attorneys to find resolutions to this issue.

    I am planning on sending an email to the core team soon, but meanwhile anyone from the core team is reading this it would be great if you could start a thread to track name checks so we can kick of an effort similar to the I-485 filing issues.

    Thank you!



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  • piyu7444
    01-30 09:24 PM
    Before I answer your questions, I have couple of them -

    Will she get paid starting Feb 1st? If no, why not. Please explain.
    Will she on unpaid leave?
    Will she still be Full Time Employee?


    Will she get paid starting Feb 1st? If no, why not. Please explain.

    She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.

    To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)

    Will she on unpaid leave? Yes.

    Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.





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  • ajay
    03-23 10:58 PM
    Labor Filed Sept 2004
    Labor Got Dec 2005
    I140 Premium Processing Feb 2006
    I485 Aug 17 2007
    Eid Filed Dec 2007 and Got it in Feb 2008



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  • pranavgandhi
    07-18 02:05 PM
    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853

    Overall EB3 has got more numbers than EB2 in last 7 years for all and india specific grouping.
    All this numbers are I485 approved.
    Do you have any idea on numbers which can show how many application(PERM,I140) by Priority date (year) so we can predict how many EB2-I or EB3-I are waiting for given year.





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  • varshadas
    02-09 08:26 PM
    Yes, I will send in the details for the telcon shortly





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  • shaxami
    04-05 09:23 AM
    has anybody contacted senator office or congress person office on this issue. They are sometimes very helpful in handling matters of red-tape.





    yadavnay
    07-23 09:16 AM
    Yes you can work on h1B , but you need to file for a change of status , which normally take 2-3 months in normal processing and 15 days if you file premium. Ask your H1b employer to file for the change of staus under premium.
    Please note that once your status is changed you can no longer continue on L1A. Mine was the same case and I followed the same steps some year back.

    Thanx





    feedfront
    10-07 12:25 PM
    Hi feedfront,

    Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.

    Did you check your status online@USCIS? Is there any change? If they receive your RFE, it should change to 'Request for Evidence Response Review'. Ask your attorney to follow up w/ USCIS.



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