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waiting_4_gc

03-29 11:35 PM

I also got the same mail and I sent the letter to my company attorney who responded.
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.

EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010

Thanks for responding to my query. Your case looks pretty much similar to mine but not sure if EB2 and EB3 were from same or different companies.

How long did USCIS take to adjudicate your case after responding to the RFE?

Thanks again!

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Munna Bhai

01-08 03:50 PM

Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.

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Suva

01-10 12:05 PM

Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.


EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

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trump_gc

07-13 10:57 AM

If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her

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desi3933

08-06 12:53 PM

I have 3 years degree (15 year education). I am not sure if I can file on EB2.
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.

Thanks,
Sanjeev

No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree

Please refer to similar case
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf



_____________________________
US Permanent Resident since 2002

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gomirage

05-29 01:56 PM

Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.

lol, please read what is written before jumping on your keyboard. I never said all jobs qualify for that. I specifically said he needs to check the requirements as not all jobs qualify.

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India76

09-17 02:08 PM

one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.

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sidd_k2002

02-11 05:35 PM

No i dont have any brothers or sisters. I am the alone child of my parents.

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desi3933

03-02 10:37 AM

Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil

If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


____________________
Not a legal advice
US citizen of Indian origin

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Green.Tech

09-16 11:00 PM

Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?

It is possible to get an MBA full time on H-1 only if your company will give you a leave of absence for the duration (same case for EAD). Most of the firms don't have that long of absence permitted as per their policies. Therefore, most of the folks get the degree on F-1 status. F-1 status also works out good because by doing so you do not waste 2 yrs of your H-1 which you can use when you graduate. Alternatively, part time MBA is very much doable on H-1 status.

Hope this helps. Good luck!

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yabadaba

06-30 04:09 PM

the other thing about ombudsman replying to emails..i wouldd have written to him.. but neither do i have a "technical issue" problem...nor do i have an established line of communication open with thee ombudsman's office...so i m just trying to get some info from gautam who seemed to have that.

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madanreddy

03-14 02:11 PM

Thank you Meridiani.Planum and jnraajan for your quick reply. will look for a job and use EAD.

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willwin

03-22 05:05 PM

This PWD has easily become another "major" process in the very long, frustrating GC journey.

PWD-LC-I140-AOS!!!

Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.

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waitingGC

03-09 10:13 AM

I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.

Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?

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aubGC

02-06 09:01 AM

All EAD renewals for the applicants whose I 485 was filed before August 17, 2007 have to pay $340 as renewal fee.. No exception.. no consfusion.

If you dont send check and pay incorrect fee, more delay or chances of rejection...Hope it helps..

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garamchai2go

12-19 08:13 AM

Hi All,

Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

THANKS IN ADVANCE!

- Amit


My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?


Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html

Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.

After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.

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rsayed

04-13 03:58 PM

http://www.aila.org/RecentPosting/RecentPostingList.aspx

http://www.aila.org/content/default.aspx?docid=22101

Also, here's the Bill no. and Title -

S.1092

Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.

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Shailesh76

12-09 10:34 AM

Here is my letter with names out:
Dear Senator,
My name is -------, and I am a highly skilled technology consulting professional from India. I came to the U.S. back in 2000 on employment and since then, I have made an excellent contribution to all the employers that I have worked for. My current work involves consulting in Public Sector for a State Police Agency. I am involved in developing an information system that will increase officer safety, and boost crime prevention and control.

However, I feel that my human rights are being violated.

My wife, --------, is a CPA - a highly qualified and accomplished individual. She cleared the NASBA CPA exam with flying colors in first attempt.

However, she feels her human rights are being violated.

This is so due to an issue called Employer Based Green Card Retrogression.

In these years, we have earned top notch dollars, paid taxes, made charitable contributions, visited numerous craft fairs and bought American products, and participated in the cultural diversity of this country. Highly skilled and accomplished as we are, we don't have a life.
We don't have a life, because we don't have security and peace of mind. We don't have peace of mind because after toiling for more than six years, we are still temporary workers. We don't have a green card yet.
Because we don't have a green card, life has come to a hold. Here's how.
For the longest time we didn't participate in my employer's 401 K plan because we weren't sure if we will get our green card and become permanent residents and hence be able to enjoy fruit of our labor after retirement. I didn�t buy life insurance, or make long term investments for the same reason - unless we get a green card it seems like we are living in an exotic refugee camp. We haven't bought a home because our H1Bs have always been tied to a particular employer, and there is always this chance where if for some reason one of us loses our job, then we will not be able to afford the mortgage and may also have to leave the country in a matter of days, leaving no time for us to sell the house.
Senator, where is my American Dream? Why has America created a temporary workers' program which is completely unfavorable to the worker's quality of life and long term welfare?
My wife's H1B visa is expiring this February 2007, and since her green card was not filed and mine has no chances of showing up in that time, she will have to quit her job and sit at home - almost under house arrest. I can't even imagine what it would do the morale and self-confidence of a dignified woman who has earned her living through her hard work all these years.
Senator, we are in a crisis.
EB Green Card backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in this country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.

But this need not be the case.

By passing legislation that provides H-1B and EB green card backlog relief, you will be showing your support for enabling the best and brightest from around the globe to contribute their skills and knowledge to the U.S. economy, which is good for American workers, American businesses, and the country�s long-term economic health.

I request your support for the High-Skilled Immigrant Interim Relief Act of 2006 bill introduced in the Senate by Senator Cornyn. This bill provides relief to legal high-skilled immigrants waiting patiently for their permanent residency and gives required impetus to innovation and competitiveness in the U.S. A similar bill popularly known as the Securing Knowledge, Innovation and Leadership (SKIL) bill was introduced in the Senate by Senator Cornyn and co-sponsored by Senators Allard, Allen, Bennett, Enzi, Hutchison and Lott. This bill has also been introduced in the House by Rep. Shadegg and co-sponsored by Reps. Conaway, Doolittle, Flake, Hoekstra, McCaul, Pence, Shimkus and Tiahrt.


I am a member of Immigration Voice, a national grassroots organization of legal high-skilled immigrants. Our organization is committed to helping the United States maintain economic competitiveness by retaining the world's best and brightest talent in the United States.

My family and about 500,000 others are in urgent need of your action in this matter.

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immigrationmatters30

09-03 07:23 PM

My company applied for 3 year extention after 6th year and was approved in 2 weeks under premium processing.

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anilsal

10-10 02:00 PM

You got your GC.

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Sunx_2004

07-06 10:58 AM

Can someone please provide the format of the affidavit.

Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.

However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!

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