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  • GC4US
    08-29 11:29 AM
    Could someone please, help me with the following situation; HERE IS MY EXPLANATION:

    ....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.

    Please tell me if I'm accurate about this matter?


    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!
    Your help would be highly appreciated!





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  • pointlesswait
    09-10 09:16 AM
    find another job..and restart ur GC..
    apply for perm...by the time it gets approved..u may be eligible for 140 premiuim..as per the new rule...

    but there is a catch...your labor shoudl be in process for atleast a year..for you to apply for H1 extension....hmmm...Gurus on this board may shed some light on it...

    i think you are cutting it tooo close..pal!



    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can�t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?





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  • gc_on_demand
    06-06 12:39 PM
    I had 1 year contract for employment and I was not paid regularly. Also they were deducting money for health insurance which I didnot receive.

    So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.

    iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.

    Can i go to labor and complain ? Will they ask me to pay back 10k ?





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  • DesiGuy
    09-11 07:26 AM
    ....the other F - the way they have been treating us ;)
    so the letter should end with:

    "PS: and pls dont F?%@ us up "


    ...just kidding, good thinking & good idea



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  • latbsol
    10-01 06:03 PM
    Hi guys,

    Sorry, I was absent for a long time. I am back now!

    @ Hebron:
    Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.

    @ veni:
    Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.

    @ JamesSingham:
    James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.





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  • jfredr
    07-23 12:04 PM
    Hi
    Just to know who signed ur I-485 at NSC



    R.Mickels



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  • 3ZS
    May 11th, 2006, 07:55 PM
    Hi -

    Thanks for the quick reply. I really appreciate it.

    Ill give sigma a call in the am.

    I tried nikon but they told me straight up they dont support 3rd party lens'



    Sometimes Sigma lenses can have issues with different cameras because Nikon makes subtle changes to the way the camera talks to the lenses - changes that work fine with Nikon lenses but on occasion cause havok with third party lenses. If you contact Sigma, they should be able to tell you if an incompatibility between the lens and camera is indeed what is happening, and if so, they should be able to upgrade the processor in the lens (I'm not sure, but they may even do this at no cost).

    If you compare the Nikon 18-50mm with the Sigma 18-50mm (your Sigma is the f/2.8 model, right?), then I'm guessing that the Sigma will be better. Compared with the more expensive Nikon 18-70mm zoom that is sold as a kit with the D70s, they're probably about the same (bear in mind that I don't really know, since I've only used the Nikon 18-70 personally). I don't abuse my lenses, so what the lens mount is made of matters relatively little. In many cases a metal lens mount may be a sign of better quality in other areas including image quality, so the dealer wasn't entirely full of it, but I would be wary if someone tried to sell me something other than what I wanted for that reason alone.





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  • GCaspirations
    09-21 10:39 PM
    My case was also transferred to CSC. The transfer notice has a different receipt date than the receipt notice. MY case is now transferred back to NSC.
    I would like to know if anybody of you have received finger print notice. I have not received it yet.



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  • kondur_007
    08-04 10:07 AM
    Hey, great example and at a good time.

    This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.

    Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.

    Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.





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  • obelix
    07-27 02:27 PM
    Thanks. I will ask my employer if they can provide me one.



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  • ak_2006
    05-05 05:52 PM
    Got it





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  • iwantmygcnow
    10-15 09:42 AM
    I am new to IV. what is an SR?



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  • Dipika
    08-04 09:07 AM
    Signature is updated.





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  • setpit_gc
    08-13 03:39 PM
    485 (EB3) was filed in July 2007 and still working for that company.



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  • finimits
    05-04 02:35 PM
    Hi kaarmaa

    Thanks for your response.
    I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?





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  • NO_Free_Rider
    09-14 12:47 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

    Case 1:
    EB2 Labor filed: April 2005
    Labor Approved: December 2005
    I-140 Filed: January 2006
    RFE for Ability 2 pay and RFE replied.
    I-140 Denied: August 2007
    Never recieved the denial notice as per the lawyer

    Case 2:
    EB2 Labor filed: August 2005
    Labor Approved: January 2006
    I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
    I-485 Filed: August 2007
    RFE for W2/wages company tax information etc that were replied on time.
    I-140 Denied Sep 2009


    EAD valid till October: 2010
    AP Valid till Feb 2010

    H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
    Extension Denied based on Case 1 I-140: October 2008
    I-290B Appeal to commissioner filed and pending as of date

    Case 3:
    Pending EB2 labor since October 2008.

    I am paid more than the prevailing wages. Now the question is:
    1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
    2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
    3. If MTR/Appeal is filed for I-140, can I still continue working?

    Any thoughts or suggestions will be appreciated.



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  • gg_ny
    09-10 10:21 AM
    My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.

    There are a few key lessons:
    1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
    2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.

    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.





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  • stldude
    07-26 02:16 PM
    Sarika
    Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..
    I got my receipt numbers for I 485,I131 and I 765.
    i got them by calling USCIS yesterday.
    Mailed on:June 28th
    Received date:June 29th at NSC
    Notice date:July 23rd.





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  • cool_desi_gc
    05-30 09:47 AM
    I did something different.

    In the field "Date of last entry into US", by mistake i put the I-94 validity date. On I-94, there is the date paroled and also the I-94 valid until. By mistake i put in May 2010 instead of May 2009. I did submit the application. When i was sending the supporting documents, i put a cover letter asking them to correct the date. I have to see how they respond. Did anyone actually get this thing corrected. And does these things cause any delays in the processing of the EAD application.





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    10-14 08:59 PM
    Please suggest. Bumping up ...



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