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  • like_watching_paint_dry
    01-13 08:33 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation

    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.




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  • anand3597
    12-13 05:56 PM
    Hello,

    We (my wife and I) got our CPO emails on Dec. 1st. In the US since 1997. Hopefully the details below will help you:

    1. Called Nebraska service center weekly for last ~2 months to check progress of I485
    2. EB3 (Aug. 19, 2004) to EB2 PD porting request sent in Mar. 2009
    3. Oct. 2009- was told that I485 review will need to wait till EB2 I140 approval notice is transferred from National visa center to Nebraska center.
    4. Nov. 2009- sent letters to senator and congressman requesting assitance.
    5. Nov. 20- soft LUD
    6. Dec. 1- text message and CPO emails
    7. Dec. 7- received green cards in mail

    I think the POJ calling method helped us the most in identifying why the PD porting request had not been approved and move the process ahead.


    regards,

    anand3597

    donated to IV




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  • sdeshpan
    07-10 04:29 PM
    Wow, surprisingly the Eb-2 dates have moved ahead by 2 yrs!! I have a feeling they will go back to 2000 next month :p




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  • Blog Feeds
    06-25 01:20 AM
    VIA USCIS

    Introduction

    U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

    Background

    USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********

    USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*

    Highlights of 2010 Proposed Fee Rule

    The proposed fee rule would increase the average application and petition fees by approximately 10 percent.

    Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.

    The proposed rule would establish three new fees for:



    Regional center designation under the Immigrant Investor Pilot Program (EB-5);
    Individuals seeking civil surgeon designation; and
    Recovery of the cost of processing immigrant visas granted by the Department of State.
    The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.

    The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:



    Petition for Alien Fianc� (Form I-129F);
    Application to Extend/Change Nonimmigrant Status (Form I-539);
    Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
    Application for Family Unity Benefits (Form I-817); and
    Application for Replacement Naturalization/Citizenship Document (Form N-565).*
    Current and Proposed Immigration Fees

    Application/Petition Description*

    Current Fees*

    Proposed Fees

    I-90 Application to Replace Permanent Resident Card

    $290

    $365

    I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85






    Last updated:06/09/2010





    More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)



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  • masterji
    08-21 01:24 PM
    Thanks for the reply. If someone uses AP does he need to use EAD? Can anyone just apply for AP and not EAD?

    You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.




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  • cooler
    12-16 10:01 AM
    This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.

    I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.



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  • prdgl
    02-10 09:43 PM
    Hi,

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).


    Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.


    So if i switch now, I will

    1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
    2. I get a very good attorney to file my GC
    3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)


    If I don't switch, my odds are that

    1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
    2. Can't talk to the attorney directly


    So IS IT WORTH switching the employer for

    1. Gettting into EB2
    2. Getting a good attorney to file my LC
    3. Be able to talk to attorney directly


    Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?


    Thanks




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  • ingegarcia
    10-05 02:04 PM
    I have some friends that won the lottery in January/06, enter to the USA got their EAD, SSN, and couple of months later they got their green card by mail.:D



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  • SDdesi
    07-10 06:40 PM
    --H1-B Case History--

    (2) passport coming to expiration on March, 2009


    You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)

    Always, discuss with an immigration lawyer first.




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  • saimrathi
    08-22 02:23 PM
    I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19

    Friends Need Advise Please!

    My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
    My questions here is,
    1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
    2) Would a new I-94 jeopardize my 485.
    3) Is there any relation between H1B extension and 485 receipting.

    Any answers would be greatly appreciated.



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  • ssingh92
    12-10 09:33 AM
    I contributed $100 and sent the message to all desi (FENCE SITTERS) who were working with me including who have received their GC. I never convinced by a rally in DC but I am fully convinced by lobbying for GC. This is the way to go and the democracy in US works.

    Can you guys accept $50 also for one time contribution. There is no option for $50. I talked to some GC guys some of them willing to donate $50 but not $100.

    Thanks,




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  • ivgclive
    12-19 08:34 AM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him, ....

    AJ

    I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".

    Guys, we are entering 2010...



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  • Blog Feeds
    04-28 08:40 AM
    Utah, a state that already has tough immigration laws, is considering following Arizona off the cliff.

    More... (http://blogs.ilw.com/gregsiskind/2010/04/utah-considering-arizonastyle-immigration-law.html)




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  • Lasantha
    03-24 03:17 PM
    LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:

    I am exposed now.



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  • askreddy
    08-16 05:03 PM
    Hi

    What is your Received and Notice dates for 485.Just checking is this related topre adjuducation process.

    Thanks




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  • johnamit
    07-27 04:00 PM
    I had same question, but when I checked all I-94s of mine, they all had same numbers, one at POE consistent with all other 797 issues after that.

    Hope that helps.

    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi



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  • mdmd10
    08-03 01:31 PM
    My EB2 I-140 is pending at NSC since 1st May 2007. I have a PD of 5th May 2004, which is current as of August, but looks like until my I-140 is approved, I would still have to wait.




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  • unseenguy
    02-23 12:01 PM
    Hello everyone - My company has announced a 10% across the board paycut. I am sulking over it as there is no job guarantee. I am in a big consulting org. There are no new projects coming and my project is there till end of April. I have I140 approved but I am afraid that my employer may seek to revoke it , if I leave on my own.

    Gurus - Do you think it is wise to use AC21 in this situation. It will take years for me to get back to (2-3) my original salary level and if I accept the paycut and lay off happens, the future employer may seek further paycut or same salary.

    My wife has already lost job and hence I am paranoid that I have taken almost 50% paycut if we consider 2 incomes. I dont think economy is THAT bad.




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  • Sachin_Stock
    09-18 10:29 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!




    ndbhatt
    02-07 12:34 AM
    If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

    The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

    Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

    Here is what Bill Gates said last year testifying to the congress -

    "And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

    Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    Welcome to the club buddy, we are going to be in these forums to long many years.

    Sanju,

    I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.

    I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.




    dilusa1
    07-18 08:43 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.



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