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  • shana04
    02-12 04:44 PM
    I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.

    Everything went good.

    Last year in March i did transfered my H 1 B to Compnay C from Compnay B

    and i July last year i applied for my I 485, and got my EAD in Sep 2007.

    Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.

    Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.

    Your Help Will be a big Help for me

    As you said I 485 filed + 180 days. So you are out of danger.

    1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
    2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
    3. Your I 140 should be approved
    4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
    5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
    6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).

    That should take care about your AC21.

    Good luck.





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  • gauravster
    05-18 04:42 PM
    getting a seperate quota for Masters from US has some teeth. The Congress passed a legislation for additional 20K visas for people with US masters. To match things up with the EB visas, there is need for additional numbers. We can thus argue for an there needs to be additional numbers for EB masters quota.

    I think this might resonate with the congress. Unless everyone is just waiting for something big.





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  • spindoctor
    07-19 06:36 PM
    "Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).

    Hmm. That looks like the solution to my problem. So If my GC is approved in a month, I go to India myself, get my wife's consular processing done through follow to join route and bring her back together. (Assuming follow to join process takes just a couple of months). If my GC is still pending, then I go to India and bring my wife on a visitor visa, and then apply her I-485 in US.

    So the basic message you seem to be giving is that just because my GC is approved, it does not close doors for my wife. She still has 6 months to get going. Right?





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  • miguy
    06-19 03:36 PM
    when did you file your 485?



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  • sandy_anand
    11-10 09:15 AM
    When is the December visa bulletin coming? Can someone ask their lawyer?

    Why is nobody predicting? Are we all becoming so pessimistic?

    waitingnwaiting, you're probably new here, so just a tip - nowadays the topic of visa bulletin is not very popular.
    A couple of reasons for that, people are frustrated by the slow movement, a bulk of the old timers have their dates current and finally Oppenheimer gave a forecast of what to expect over the next few months - which is movement every month by a couple of weeks at the most.
    So the whole guessing game of visa bulletin doesn't interest anyone anymore. Our only hope, especially for EB3, but also for EB2 is to meet our lawmakers on a regular basis and push our agenda for legislative change. Other than that, we are looking at years and years of waiting.
    My suggestion to you is to become a donor at IV, join your local State chapter and start meeting lawmakers. Hope this helps. Cheers!





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  • harsh
    12-30 12:56 PM
    USCIS will not look into your tax records for H1b approval. They might ask you for your previous H1b approval notices and or pay stubs but thats all. However when you go to the embassy for the stamping they might ask for tax returns.



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  • rkotamurthy
    10-11 05:21 PM
    I was in the same boat -stuck in DBEC upto July 20th. I just scrapped thru and filed AOS Just-in-time.

    For all those stuck in BEC and missed the July 2nd- Aug 17th window, please be assured that IV has not forgotten about you. One of the items IV has always been pushing for is "ability to file AOS (I-485) when Visa number is not available".

    Please remember - Not doing anything about your GC situation is not an option





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  • apahilaj
    11-27 07:15 PM
    Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
    On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!

    It's the uncertainty of the entire process that kills us...Have seen couple of users whose cases have been erroneoulsy denied since they did not went for their biometrics. Guess what, these users never received any FP notice from USCIS. I tend to partially agree with you; if the PD is no where close to being current, why worry about FP now - it's their responsibility to get us finger printed. But on the other hand, I do not want my case to be erroneously denied because of an error in their processing...

    This is just my personal opinion. I am not loosing my sleep over this any more.



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  • mrajatish
    12-28 08:54 PM
    This is a pretty serious issue and needs to be looked at carefully - it could mean a significant difference to wait times for Indians and Chinese in EB2 category.

    I will speak with my attorneys and try to find out more.





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  • jonty_11
    08-22 02:17 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C
    Please stay tuned.
    check b4 u post man....this thing has been cut and paste a billion times...
    Concentrate on the DC Rally instead plz



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  • uma78
    02-10 06:21 PM
    Guys,

    I got this email from USCIS for me and my wife application, what does it mean? Thank you in advance:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: WACXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)





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  • gcseeker2002
    08-25 05:56 AM
    By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor

    Thanks for the info. But is it really true that by law employer is required to pay for labor ? I think it used to be that only h1b expenses are required to be paid by employer.

    Also, most companies ask for agreements to repay them if we dont stay with them for few years for filing greencard . Is these agreements legal if they ask to repay labor fees ?



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  • vghc
    03-01 12:09 AM
    u shud have tried the smuggling from any other country say thailand or singapore.. then u would not have come here crying.. now get lost :mad::mad::mad:

    LOL!!! Yeah....in those countries, as mine, if you are caught with that much drugs, you will be crying all the way to the gallows. :D





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  • dpp
    07-19 02:46 PM
    As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.

    Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.

    dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?



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  • aswin
    11-06 01:47 PM
    EB2 I : 5-Mar-2005

    I haven't posted anything so far...hopefully my predictions comes true :-)

    This is a wishful thinking. Since there is a lot of pending cases for March...clearing March logs will take time. We have to expect a baby step unless a miracle happens.





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  • makemygc
    07-27 01:43 PM
    Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.

    You can track it by checking your bank account too. You checks will be cashed first before you get the receipt.



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  • Soul
    02-02 06:30 PM
    That hasn't been a rule in any past battle...

    If we like another entry what doesn't it hurt to vote for it? In fact I think it's a good thing :beam:

    - Soul :goatee:





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  • sam2006
    09-01 06:39 PM
    Typical hypocrisy stuff
    we should be fair and not misuse and violate the laws of the country.

    No one is Voilating laws my friend
    pl give your speech to .... u know the folks from across the fence

    I don't know why some people here are taking this work based immigration here as an all out war. As it is, working and staying in the US or any other country for that matter by foreigners is a priviledge, not a right. No one forced us to come here, we came here on our own free will.

    Regarding the description of discrimination of job based on country, that's rather ridiculous. There is no discrimination when one has the right to work and live in the country, that doesn't mean that anyone from any country can just come here and work with or without authorization and say it's discrimination. How about the many Indian companies who hire only Indians? Aren't they practising discrimination and fraud? They don't even bother to try to find qualified people in the country, rather they just issue H1Bs right way to Indian nationals only by just declaring a bogus "can't find qualified people in the country"

    If we want good things to happen to us, we should be fair and not misuse and violate the laws of the country. We all have a choice, we can either stay here and be honest and follow the laws and rules of the country, or if we don't like the way things are here we can just go back home.

    Sorry to be so honest, but I am tired of every other person cribbing about being victims. Looks like everyone wants to be a victim of something, it's time we take personal responsibility. If we don't like it here in the US, we have the choice to go back home. No one is forcing us to stay here.

    Thanks.





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  • vdlrao
    06-04 06:47 PM
    which VB are you quoting..link doesnt work...

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html

    see the VB now its working.





    kumarc123
    11-22 09:08 AM
    I have talked to IV leadership and they have agreed to hold a rally in March 1st Week, if sufficient numbers indicate willingness to participate.

    http://immigrationvoice.org/forum/showthread.php?p=303461

    So can we please stop blaming IV leaders and start showing them our support by indicating our support?

    No one is blaming IV core my friend, but we all need to unite and do something big. We cant just wait for our partner to do something.

    Yes, we should hold a rally in March in DC, and what we should do is, members who agreed to come and join us good enough,


    The ones who are lazy, can continue to be lazy , you all have seen the bulletin and EAD is not green card. You are welcome to take your lazy chances,


    I thought INDIANS were to stand together and fight a battle, this is a battle for the justice of immigrants in this country. I understand and I am versed with life in America, it is stressful. But think for a moment,will the green card make it better? If yes then join us.



    This time we will use a different approach.


    1. We will have banners on DESI stores
    2. We will collect money from IV members.
    3. We will contact the media for attention


    Lets do this,

    Good Luck





    cjagtap
    07-03 06:50 AM
    lawyers fee-1250
    fedex-25
    medicals-610
    photos-100
    cancelling trip and appointment for stamping H1B -400



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