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  • voldemar
    03-07 02:43 PM
    Hi,

    Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
    not completely sure.. please check or ask a attorney...
    No, there is old Child Protection Act and it protects from aging out while I-140 is in process. So child age is determined as age on time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS.





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  • ebizash
    07-07 12:00 PM
    Hi,

    My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.

    Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.

    Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?

    1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
    2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
    3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.

    Sorry for a long post and thanks for any suggestions.





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  • longwait4gc
    02-05 10:51 PM
    UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.

    I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.

    uhh..damn immigration process..

    I was in similar situation last year. This what my attorney told me after layoffs. They have to wait 6 months after layoffs in the company before filing PERM again. The perm filing process in big companies take atleast 2-4 months. So if they are planning to file after 6 months then this is right time to start collecting documents. For this to happen it might need little push from your manager.
    If your company is in a situation where they are planning to layoff people continously over the next year(I know one big company which is doing this) then it is better to talk to lawyers right now and decide the course of action because there is no point in waiting until april. If your manager strongly supports your case then some times lawyers can pull off tricks like there are no layoff with this particular skill set or in this division etc..

    I dont know of any big company that is hiring. If your resume is hot(has specialized skills) then put it in dice or monster you will always find employer.
    You can always switch to consulting and find consulting company which applies for GC right away.





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  • ken
    08-11 02:14 PM
    My case was also transfered to Local office Miami,Fl back in April 2008.

    I opened a thread too here is a link : http://immigrationvoice.org/forum/showthread.php?t=18438

    Even I called USCIS and they told me that they don't have any clue why it is transfered.



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  • cchaitu
    10-03 02:04 PM
    Please help
    Somebody please help me...

    Do I see any update in online status of my I485, If USCIS sends me FP notice. Filling date is July 10th. I received everything else (Receipts, AP, EAD) but FP notice. If I call USCIS, do they help me find my FP notice status??? Please help...
    Thanks





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  • jonty_11
    07-05 06:28 PM
    Emailed state and 20 others....
    good format



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  • veni001
    06-30 05:09 PM
    As far as I know if the old I-140 is revoked or withdrawn before new I-140 approval one can not port PD.

    My old I-140 is still active so it was safe while porting. I am not sure what happens if the old I-140 is revoked, sorry i don't have answer for this..





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  • eb3_nepa
    06-16 01:29 PM
    I am not saying we shud do anything forcefully. I am saying, that if we have to show IV's face as being multicultural and since we Have members from all over the world sharing ideas on here anyways, might as well show the media that aspect.

    In my opinion, if general public/law makers see faces from all over the world complaining about the GC system, it would have more impact.

    If a core member/moderator can comment on this, that would be greatly appreciated.



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  • gimme_GC2006
    07-19 03:00 PM
    Did you fill the actual I-485 forms or just the questionnaire that employers usually send? in case you've filled actual forms that they will send, did you check the box on the right bottom where it asks if you'll be represented by an attorney...

    In case of a questionnaire, you might get those forms filled by them for your signatures.

    good luck

    I filled the 485 forms my self.
    Where is the box in the right bottom in 485 which says I will be represented by attorney?? In 485 I see two locations for signature (one for applicant) and other for representative?


    Can my employer sign it now (without me sending G-28??)





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  • kaisersose
    09-17 01:32 PM
    Are you sure? Cause I did work with them, no one imagined the crisis of real estate was going to be soooo steep and also no one imagined that my i-485 was going to be approved so fast.
    I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.

    That is the point. It was not of your own volition.

    Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.

    You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.



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  • food2006
    08-18 09:09 AM
    While submitting your 485 initially, didn't u submit any proof of marriage as an initial evidence?





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  • Dj-Studios
    05-28 07:14 PM
    The *bump* wasn't ment to rush you. Just wanted everyone to see what has been goin on in this battle.



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  • jthomas
    11-20 05:26 PM
    I don't know how to start a new thread

    send your comments on

    http://power.elecdesign.com/Articles/index.cfm?articleid=17564&StyleName=maroon


    IEEE Agrees with SIA on H-1B Visas for Foreign Engineers, Scientists





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  • belmontboy
    09-18 08:18 PM
    We would like to know the count of GC waiting applicants with US citizen children.

    why??



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  • goan2005
    11-19 10:16 AM
    Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs





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  • ganguteli
    02-05 08:03 PM
    Help!!

    Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!

    My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.

    Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.

    Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.

    Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?

    Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.

    You are undergoing what a lot of H1Bs go through.
    They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.

    You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.



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  • masti_Gai
    09-29 01:43 PM
    i've filed my 140 on the thrid week of May and still waiting. NSC is so freakin slow. Just like a backed up traffic which moves at a pace of 1 mile per half hour:eek: :eek: :eek:





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  • satishm
    07-13 02:21 PM
    See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf

    Two important exceptions to the per-country ceilings have been enacted in the
    past decade. Foremost is an exception for certain family-sponsored immigrants.
    More specifically, the INA states that 75% of the visas allocated to spouses and
    children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
    Prior to FY2001, employment-based preference immigrants were also held to percountry
    ceilings. The American Competitiveness in the Twenty-First Century Act
    of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
    immigrants to be surpassed for individual countries that are oversubscribed as long
    as visas are available within the worldwide limit for employment-based preferences.
    The impact of these revisions to the per-country ceilings is discussed later in this
    report......................





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  • addsf345
    11-05 12:52 AM
    Hmm...let me guess. Well, I had same issues with my current lawyer who is a official corporate attorney for immigration matters with my employer. Good part is, I didn't have to pay money to him but bad part is he is mostly not-responsive, arrogant, treated us like slaves, rude and what not. He doesn't answer anything about AC21 and we have to go thru' HR if we have any questions. Many a times, employees are completely unaware what is going on with their immigration papers. I did not receive my LC or copy of I-140. Guess this differs from person to person and company to company.

    well, now since I have decided to enjoy freedom using AC21, I would like a good lawyer to represent my case; whom I should be able to ask questions.





    illinois_alum
    07-15 05:44 PM
    Hello,

    I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    12/15/2007 Status - 04/24/2007
    01/15/2008 - 07/19/2007
    06/15/2008 - 07/28/2007

    Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).

    For one thing - there would be thousands of applications between 07/19 and 07/28 (mine being one of those :D) and the other is that the USCIS doesnt pre-adjudicate. Since the PD has only moved recently, the processing dates didnt move that rapidly





    nojoke
    02-05 08:52 PM
    Haha. That is an accurate assessment at a 50-foot level. I was pretty disillusioned after a couple of years of working. A mixture of what the fuck am I doing, but not really knowing what to do, and all confused because I was at probably the biggest firm around and and a feeling of even if I switch, what's the point? And not having the balls to switch jobs, for the fear of throwing away what I had, mixed with personal struggles with life and not having the social life that I wanted.

    In between all this, the desire to get the GC process kicked off came and went, esp. since I wanted to switch positions to a more people oriented role, and the feeling of gosh, do I want to stay in 6+ years in this job - maybe if I file, then I won't want to change jobs.

    As you can see, even I am not sure what was going on there. But my personal life and acclimatizing has sorted itself out rather well of late, and I do want to stay here now that I have a really interesting life (and partly out of fear of throwing everything away and moving somewhere new).

    Now, I know that IV is not a self-help trauma group, so I will cut short my story here, which has little to do with the raw facts of my immigration situation :)

    And yes, I did not participate or know much about the visa process, or IV till recently, and am a recent need based participant, but I hope that does not stop anyone from contributing their ideas to help me out.

    *** Also, to the previous poster (nojoke) who said that big companies usually hold off on perms, are you suggesting that I have a better chance at a smaller company then?

    UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.

    I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.

    uhh..damn immigration process..

    Yes, you may be better of in a smaller private owned companies that will do perm and are in a strong position. This downturn will get worse...Even if you want to wait and see what your attorney has to say in April, you can try to look for other jobs and be ready with options..



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