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  • reverendflash
    10-21 04:05 AM
    graduated high school in 1980, hence the jellybelly reference. Let us not forget Uncle Ronny...He is the reason we have to pay a small fortune for schools in California... :evil: :evil:

    But I digress, I'm a little testy due to the Giants' loss tonite... :evil:


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  • ashwin_27
    02-25 12:48 PM
    Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
    it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.

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  • Carlau
    11-17 09:49 AM
    I do not think that the nuclear deal with India belongs at the Green Card retrogression part, unless this is a site for Indians only.

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  • gemini23
    08-02 02:10 PM
    Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.


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  • sathweb
    01-13 08:02 PM

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.


    Look at this document:


    In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".


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  • bp333
    11-13 05:03 PM
    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now

    Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..

    I am very positive that your friends filing will get through as well.


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  • aachoo
    02-23 12:45 PM
    Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.

    I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.

    Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?

    Two points that I am not a fan of:

    1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.

    2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.

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  • venkat80
    08-09 01:14 PM
    Uscis = I Sucs


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  • nogc_noproblem
    07-18 11:10 PM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    I have EAD and AP but wondering why I can not transfer H1B?

    I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.

    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)

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  • freeskier89
    01-14 12:35 AM
    I'm impressed! :) Very nice work!!


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  • gc_on_demand
    05-20 10:46 AM

    Please participate in this survey.. This will help people who didnot get a chance to file for AOS

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  • gnrajagopal
    08-18 11:43 PM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o


    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007


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  • willigetgc?
    10-11 09:18 AM
    Stop watching for VB and start meeting with your Senators!

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  • homers
    04-09 08:49 AM
    As long as your H1-B application is still being processed, you should be IN STATUS.

    For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.


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  • gc_chahiye
    07-09 03:50 PM
    over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.

    This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.

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    This poll can be read in conjunction with another poll on EB2 priority-dates:

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  • Fightwithfate
    03-13 09:46 PM
    Hi Attorneys/Seniors,

    Application Type:H1 Transfer(Premium Processing)
    Processing Centre:VSC
    FedEx Delivery Date:03/04/2010

    Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.

    Please help me regarding this.

    Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
    How soon we receive the receipt no in premium processing case.
    Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
    Please help me


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  • morchu
    05-12 07:17 PM
    Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.

    Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).

    Obviously you need to show about your strong ties in home country and why you might want to come back.

    But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.

    Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?

    In other words, I can never step back into the US?

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  • h1techSlave
    01-05 05:37 PM
    Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.

    End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.

    i woudl think the actual number porting is miniscule...

    but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
    Even an annual release would be very helpful...:confused:

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  • smuggymba
    05-12 01:23 PM
    I don't mean to hijack the thread and my PD is 2010 anyway but I have a question also.

    We know that we need to get all this vaccination thing done during 485 stage and a civil surgeon does that. But do we need to get all this done/verified at our regular physician before we go to the civil surgeon?

    All of us have these polio, measles thing done but we don't have a record to show. So does the doc give us new/follow up shots to fulfill the criteria...and we take that to the civil surgeon.

    looks like the civil surgeon is just a stamping authority, the real deal has to be done by our doc. Please let me know.

    08-08 01:49 PM
    May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!

    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.

    07-09 10:55 PM
    Hardly anyone has volunteered to go to USCIS with nixstor. That's sad. We are getting a megaphone to talk about our problems and yet in the entire DC area with a huge IV membership, we have just one person willing to go to USCIS.

    I am kinda rubbing my eyes in disbelive right now!