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  • insbaby
    07-17 08:02 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.

    This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.


    Has anyone been throught the same or similar situation ?


    This is my third employer and third GC attempt in the 11yrs I have been in this country.

    Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.

    You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.

    If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.

    On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.

    It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.

    So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:





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  • ubetman
    09-10 12:08 AM
    Can we buy there in DC instead of ordering now and not receiving before we leave? I am from dallas and If I order on Monday, do you think I can get before friday? FYI: I am leaving on saturday morning...Thanks...





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  • santb1975
    12-08 11:15 PM
    and the easiest Action Item to work on. Rallying fellow IV'ans to contribute and be part of this effort is not easy as clicking on contribute now.





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  • matreen
    07-11 01:02 AM
    I see dark every where for EB3 until we do something there is no hope guys.....

    This is really suc...............



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  • GCWhru
    08-04 05:04 PM
    anoopraj2010,

    We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.





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  • chanduv23
    12-09 10:19 PM
    ^^^^^^^^^^



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  • CatsintheCraddle
    05-04 05:07 PM
    Oh, by the way, I did not file for I-140, I went filed I-130 based on marriage to a US citizen. Thanks for the link but I couldn't find anything on my kind of case.





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  • TomPlate
    01-31 10:23 PM
    Hukabee in Republican.
    Obama in Democrat.



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  • sportsguy131
    07-31 02:34 PM
    hey thx a lot for the info....but can she work in those 180 days?





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  • rajuram
    11-04 09:19 PM
    I don't think that is possible......unless you filed it and it got returned...



    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?



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  • redcard
    12-19 12:53 PM
    redcard and igcard, why don't you guys just fuck off?

    Thanks buddy, I shall ask my friend, who has another friend, who is friend with another friend of his friend who is friend with another friend who is known by alb2c3 who will tell me how to "FO" as he has a PhD in "F@##"". As soon as I here from him I shall let you know friend





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  • nyte_crawler
    05-11 01:47 PM
    Some guy took most of the needed time talking about citizenship. Jeez.



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  • rameshvaid
    07-02 09:05 PM
    Thanks! Will I be out of status immediately? How much time do I have to leave the country?

    If you file for MTR with in 30 days you should be fine till the case is adjucated.

    As long as MTR is filed u r not out of status.

    Good Luck..

    RV





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  • GCVictim
    07-24 01:20 PM
    I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.

    Question:

    My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?

    Please seniors advice on this. because she is going to get contract-to-hire position.



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  • veni001
    06-07 01:08 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





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  • SGP
    03-25 03:02 PM
    Congratulations on your freedom.

    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.



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  • micofrost
    04-16 05:01 PM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    Call uscis and ask them send the refund to IV. Anyway, the money is gone from your a/c.





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  • vgc
    07-26 10:37 AM
    SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:


    At the appropriate place, insert the following:

    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--

    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';

    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;

    (2) by redesignating clause (vii) as clause (ix); and

    (3) by inserting after clause (vi) the following:

    [Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;

    ``(viii) 115,000 in fiscal year 2008; and''.





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  • Green.Tech
    04-08 03:45 PM
    Hi,
    How many EB3 cases with PD before Dec 01 pending.
    My PD is Oct 21st, 01, EB3 (India)

    485 Filed in Jun'07, No LUD's since Aug'07

    Too many... :)





    ArkBird
    06-08 01:53 AM
    u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again


    Could not agree more with you on that... Devil is gone. Now the Deep Sea!!!

    Love my(our) life.....





    paskal
    11-07 03:30 PM
    I am in Birmingham and would like to join the state cahpter.

    some of you need to join up and start a state chapter. meeting and discussing it is a great idea. putting faces to names is a big step forward and creates a sense of trust and community.



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