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Sunday, June 12, 2011

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  • gc_lover
    06-24 11:26 AM
    __________________________________________________ ______

    Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.

    __________________________________________________ ______

    I found this article on
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

    So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!





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  • yganreddy
    09-16 12:11 AM
    Also I suggest to take an infopass and explain the situation to officer. Take a printout of approval mail and give a try.





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  • dressking
    09-29 11:47 AM
    Immigrants at USC have helped design a special randomization program for LAX security called ARMOR! Doctoral student, Pankaj Paruchuri, and his professor, Milind Tambe, have designed this special program that will help National Security and enhance the security for all of us!

    A Random Weapon in the War against Terror (http://http://www.msnbc.msn.com/id/21035785/site/newsweek/)

    I can bet that the Doctoral student himself must have faced Backlog/ Retrogression at some time! I do not know him, but I think IV should contact him!

    I am sorry to offend some of you by bringing up this subject again. But I think we are just asking for acknowledgement for the contribution we have made when we were attending graduate programs in the US. It was a lot of over time and hard work with literally no payment other than money for room and board. Some may get their names attached to the paper that is published and get their Green Cards quicker for that. But some don't.





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  • wantMyGC
    09-12 08:22 PM
    Hello Attorney,

    My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
    2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.

    Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.

    Can you please help me by answering following questions.

    1) What are the precautions I should take to protect my green card?

    2) Can I leave the present company and start my business by forming an LLC?

    3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?

    4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?

    5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?

    6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?

    Thanks for your help in advance



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  • eb_retrogession
    03-22 11:21 AM
    The webfaxes are effective! I just got off the phone with Senator Chambliss' immigration department. The person I spoke with (can't remember his name) mentioned the usual spiel: They were working on increasing the H1-B cap. They didn't seem aware of the retrogression issues. I clarified the problems we are facing and how they shouldn't be combined with illegal immigration and H1-b issues. He mentioned that the senate (with Senator Chambliss' help) passed legislation a couple of months ago to recapture visa numbers and was waiting for the House to pass the same measure. Is that true? In any case, our message is reaching the corridors of power. Good job guys!

    If my memory serves me right, I think Chambliss was a part of the conference committee for S1932. I would be very surprised if his staff didn't know that these provisions were taken off from that bill.

    prabir, try to follow up with this gentleman and see if he can give you a chance to talk f2f





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  • hpandey
    11-11 11:14 AM
    Look at the bright side buddy . It is definitely something to look forward to and provides hope that you might get the magic email of getting your GC any day. Of course three year H1 extension and two year EAD is the problem but you are looking on the wrong side. If you get the GC neither will you need the H1 nor the EAD.

    And I don't think you are thinking about the money wasted by just having a 1 year H1 and EAD because I am sure you will get your GC in the next one year at least . Cheer up. Things could be worse ( you could be EB3 - 2008 ! )



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  • subba
    02-11 08:26 PM
    The way I see it....You have an I797 approval till 2010. Once you have that, it does not matter on what basis it was received. The I797 approval does not say "Only valid until I140 has not been withdrawn" etc.





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  • pthoko
    06-19 12:43 PM
    Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

    Thanks.



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  • logiclife
    04-19 02:01 PM
    I would advise against going outside of your district to apply.

    If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.

    Why would you want to risk that?





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  • maheshf
    02-20 11:07 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help



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  • sab
    08-12 08:18 PM
    If I renew my EAD would I have to do another fingerprinting. I had done one last year.
    Thanks





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  • unknown123
    11-09 12:01 PM
    What is your PD?

    Good luck
    Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.

    Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm

    You need a real good lawyer.

    All the best



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  • uma001
    11-07 12:44 PM
    Ajay,

    Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.



    Hi All,

    Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

    1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

    2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

    3. How long I can continue with future employment in the GC process?

    4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

    5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

    All the best!!!

    -
    Regards
    Ajaykumar





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  • getgreensoon1
    03-14 02:37 PM
    All legit greencard applicants should now get together against these indian bodyshops who smoke all rules and file greencards of these software idiots in EB1 category.



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  • StuckInTheMuck
    04-29 10:24 AM
    AAAaaaaaaaaaCHhoooooooooooo!!!!!!!!!!
    Yeah, the virus is about to mutate and leap out of this page to infect me - the next big thing in sci-fi genre :)





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  • srinivas_o
    09-18 05:40 PM
    I have filed on July 2nd itself and still no receipt, no FP notice, nothing. Called USCIS 3 times and they asked me to wait until it's been 3 months after the filing. Then only they will do something it seems.

    BTW, how can I get to 2 Level representative?



    I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.



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  • kondur_007
    10-16 04:29 PM
    Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
    For AC21 I think I will need to match following:

    1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.

    2. Start date/salary/position title

    3. Any Benefits if provided.

    Do I need any document from sposerer employer? Do I need anything else?
    Thank you and I appriciate your help.

    You are welcome.

    If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
    The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
    Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".

    Good Luck.





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  • aroranuj
    06-26 05:59 PM
    My employer got back to me today & informed me that based on the advise of the attorney they will not be providing me a copy of the I-140. He understands that I can leave the company anytime & that he would never hold me back. My question is if there is any other way of getting a copy of the I-140? Is a copy of either the approval notice or the receipt number critical?

    Thanks guys!!!!





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  • hinvin66
    08-06 06:46 PM
    Dhundhun

    I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.

    RD: 08/02/2007, ND: 09/17/2007 @NSC

    Have you seen any LUD's recently?





    reachinus
    07-14 12:33 PM
    Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.
    I do agree.





    JunRN
    08-20 09:17 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    That's for NSC.



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