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  • jthomas
    05-17 08:36 PM
    Welcome to IV, since this is your first post.

    1. when is your PD?
    If your PD is nov 2008, it would take a long time (many many years) to get your GC.

    I am not able to understand anything from your post. If you have a H1b you need to work in US and not in India. You can travel with H1 visa don't need B1 visa. Your W2 has 38K that means its less than the prevailing wage. You have a problem there?

    If you are in US, Please be active in this website as well as find your state chapter. You can get helped from your state chapter collegues too. By the way, from where are you residing(which state i mean)?

    (your questions does not look normal)

    J thomas


    Hi Folks
    1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
    2) I got EAD and I am waiting for my GC.My 140 Is also approved .
    I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
    I believe I applied via NE Processing Center.
    How long before I get my GC.

    3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
    What about the FBI name check thing - is that going to cause delays
    4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
    CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .

    MANY MANY MANY THANKS.
    DHANYAVAAD
    Please somone reply
    Thanks
    Sam





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  • perm2gc
    11-04 12:03 AM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?


    you are confusing....


    What i understand is that you want to work for the current client with different consulting company than the one you are currently working..you cannot do it as NCA will cover it .

    if You want you can fight..its upto you..Consult a good Attorny as our friends here have mentioned..





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  • va_dude
    03-09 03:01 PM
    kminkeller....

    I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.

    Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.

    Thanks.





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  • Humhongekamyab
    05-21 12:46 PM
    The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???

    We need H1 only when we are not married or we have not filed I-485 for the dependants.

    I agree. This was a special case and the attorney initially filling the 485 should have caught this error.



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  • zigma
    04-04 07:14 AM
    All the posts that I have seen on the forum are related to what we should ask for regarding ammendments and changes to the proposed bills.

    Why don't we also offer our services in return for quick approval????

    This is part of the idea that I had a while back after listening to Prez. Bush's address to the nation. He said that the fed will increase funding to increase the number of Science and Maths teachers. Well, why don't we offer our services. Anyone working in the STEM fields shall have to work for say 4 hours a week at local schools teaching Science/ Maths, etc. We know all desis can do that. Most have an engineering background or are good at math anyways.
    This way the government can
    1. solve the teacher shortage problem
    2. provide more students (future generations) with the education
    3. can actually show that legal immigrants add value to society at the grass root level

    I am sure that we can and do much more, but most is not directly visible to the population. This has the potential to provide a big impact.





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  • sobers
    02-15 02:38 PM
    http://www.miami.com/mld/miamiherald/13874198.htm


    We all know about the McCain_Kennedy, Coryn-Kyl, and Hagel Senate bills. Apparently, Sen Frist, Majority Leader, is also compiling his own bill.
    Not sure if this contains any EB-relief provisions, but it would certainly be an important, welcome, addition.

    � The Frist Bill. Being prepared by Senate Majority Leader Bill Frist, R-Tenn. Aides say no decisions have been made on content. But sources say it may feature tougher immigration and border controls.



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  • nozerd
    01-18 12:54 PM
    Only Primary applicant needs to take it for sure. Even for US immigration you could be NIW candidate but your spouse may be illiterate still she will also get GC.





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  • oldporkchops
    07-29 04:00 AM
    Hi there,

    IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.

    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?



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  • ch_murthy
    06-08 01:52 PM
    My Labor was filed in Aug, 2004 under EB3 (Traditional); pending at Phil BEC. Again filed in Dec, 2005 under EB2 (PERM); I-140 Approved. Can I change my EB3 PD to EB2? If so, please let me know my options. I am in 7th year now. I will talk to my lawyer, without me knowing all the things; this attorney is not ready to talk to me. Thanks for your help.





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  • SR2610
    04-12 04:18 PM
    There are some good and bad things.. If labor substitution is gone, less chances of fraud, most of backlogged labors go waste, which obviously reduces the retorgression. bad thing is 45 days rule, DOL itself cannot make out where the hell is the labor application, when they approved it and when they mailed it, how can they say that you need to apply for 140 with in 45 days :mad:

    -SR



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  • abhijitp
    01-25 02:42 PM
    I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!

    NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!

    Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!

    PLEASE.... this is the last call.. don't let us down!





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  • Juan28210
    11-06 09:31 AM
    Thanks for all the replies!

    My current employer is not a very big company so I think you're right. They wouldn't waste their money on me.



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  • thomachan72
    06-25 03:29 PM
    It is a fact that cheap, illegal labor is destroying America and the lifestyle. No doubt about that. What do they think? American's did not do farming before? If you pay enough, any American will do the job.

    It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?

    Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.

    This excuse will not work.

    Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
    If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?





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  • r2i2009
    09-20 09:30 PM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?



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  • ujjvalkoul
    01-18 11:19 AM
    Mine was at Texas Service Center.
    I guess they have morons working all over. I cannot understnad how anybody in his/her right senses can make such a blatant mistake.





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  • desi3933
    08-04 11:14 AM
    Hi, can someone help crack this puzzle?

    I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

    In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

    The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

    The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

    Now, he just called saying he is confused and not sure!

    His views:
    - There is no formal way to find out if the new I-140 was matched up with the old I-485.
    - He says he will ask his peers and will also call USCIS Customer Service.
    - He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

    Appreciate any inputs!

    Cheers!

    >> could port the priority dates from the EB3 to EB2 and interfile.
    Correct. You should be able to claim EB-2 with PD Nov 2002.

    Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.

    _____________________________
    Not a legal advice.
    US Permanent Resident since 2002



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  • eb3retro
    06-19 10:07 PM
    Hi

    Here is my situation

    My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.

    I-140 is approved in 2005. 485 Applied in June 2007.
    8th year on H1B - H1 Valid till November 2009.

    I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.

    This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?

    I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.

    Just tired of waiting for GC and losing the opportunities, What options do I have ?

    � Should I stay put and continue to wait till I get GC in hand?
    � If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
    - Would USCIS makes the decision on my 485 right there saying it's a no go?
    - or Would they send me the RFE later on when my PD is current?
    - What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)

    Any Suggestion - Anybody?

    Need to make the decision in next couple of days.



    hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..





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  • indyanguy
    01-13 07:39 PM
    Do they send you a copy of the original?

    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu





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  • srikanthmavurapu
    08-16 02:35 PM
    Hi Hebron,
    I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
    Thanks,
    Srikanth





    nareshg
    10-12 01:59 AM
    they responded today to USCIS, nothing much here I guess...

    one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.

    Strange...my 140 was filed on Nov 2006....and then got a REF on August 29th 2007, my pawyer responsed last week...and I thought that as soon as USCIS gets the evidence they will hopefully approve my case....(the evidence was a minor (atleast I thought it was minor) issue about birth date...

    and now USCIS has revieved the evidence they asked for...guess what they say...

    On October 10, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    60 more days...come on....





    Pagal
    04-21 07:21 PM
    Hello,

    Welcome to Houston! There are many options for living ... though traditionally Indians have preferred Sugarland, other neighborhoods (e.g. Pearland, Katy) are nice as well ... my recommendation would be to rent an apartment in Riveroaks area first (very nice neighborhood) while you look around ...



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