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  • indianindian2006
    07-12 01:16 PM
    http://boards.immigrationportal.com/showthread.php?t=257057&page=2

    I have pasted this from the above site.

    12th July 2007, 02:00 PM
    sachatur
    Registered User Join Date: Jun 2007
    Posts: 14

    Quote:
    Originally Posted by paradkaram
    I am just wondering any idea if how EB2 India PD 8/2005 got approved?

    I was under the impression that the USCIS will only approve your GC if you PD was current? Am i missing anything here guys?

    any comments by anybody..

    sachatur nothing against you. dont misunderstand me.

    No offense taken. I would be bemused too, if I didn't understand the process.

    I don't think many people understand that visa allocations for documentarily-qualified applications are actually made at the time a bulletin is released.
    And even otherwise, if they worked on July 1st, my PD WAS CURRENT on July 1st, and a visa may have been allotted on July 1st.

    Again, I have interpreted a congressional briefing by Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa services office of the DOS here:
    http://www.immigrationportal.com/sho...72&postcount=3
    __________________
    EB2 India PERM PD 08/25/2005
    I140/I485 TSC RD 09/29/2005
    I140 AD 11/09/2005
    FP1: 01/04/2006
    FP2: 05/04/2007 (No update)
    Update message received for address change on 10/04/2006
    I485 AD 07/10/2007 (Only other update on 07/10/2007 19:26: Card Production Ordered)

    --------------------------------------------------------------------------------





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  • pagalForGC
    06-30 04:47 PM
    Thanks Ivar for your reply.

    Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
    I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.





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  • GCNaseeb
    10-01 05:55 PM
    Attorney emailed me this morning all our Receipt Notices for our I-485/I-765/I-131. All numbers start with WAC. Receipt Number of I-485 is the same number as Transfer Notice.





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  • yabadaba
    06-22 03:36 PM
    hes coming for his annual shopping holiday...dont think they really care about us



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  • raysaikat
    01-15 09:21 AM
    Hey Everyone,

    My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.

    Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.

    So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.

    Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!

    For F-1 visa, you need to show non-immigration intent; i.e., you do not plan to immigrate to U.S. In your case, the combination that I-130 is pending, you want to apply to a university that does not have your major, etc., sends a very bright red flag.





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  • nashim
    03-12 01:08 PM
    Hi Gurus,
    Here is my case:
    Employer A:
    I am working with employer A,
    Approved I140, EB3, PD Dec 2004, I485 filed on Jun 30, 2007, Got EAD and AP

    Employer B:
    Future employer,
    Approved I140, EB2, PD Aug 2004

    Note: A# is same on both approved I140 and pending I485.

    My question is, do I need to request for interchange of I140 from EB3 to EB2 or it will be automatically done since A# is same on both approved I140. I really appreciate your response. Thanks



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  • pbuckeye
    03-02 08:32 AM
    I doubt that there is any "transfer tax". As long as you have filed your income tax return that showed the source of that "saving" (good job there), you have already paid taxes on it. Also, your parent don't have to pay any tax on it since there can be no double taxation of the said money.





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  • desi3933
    02-11 06:41 AM
    Would request you to elaborate a bit.

    Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.

    Also, I commute to US everyday to work, which is less than an interval of 12 hours.

    Your input is greatly appreciate. Thank you.

    Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.

    Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?

    It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).

    I would suggest that you should consider getting second opinion from a reputed attorney.

    Hope that helps.

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • kevinkris
    08-28 01:47 PM
    Hi deafTunes123,

    I went to infopass yes'day, mainly to confirm my priority date. My employer used RIR labor and ported to PERM. Not sure of the PD, so took infopass.

    She printed the screenshot and given me.

    Find the screenshot attached. Preference E21 is EB2.
    E31 is EB3

    http://tinyurl.com/6rjs5p


    Thanks.

    Guys,

    I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?

    Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.

    Overall the Field Office people were polite.

    Thanks,
    Thun.

    EB3 INDIA:

    PD: Jan 21, 2004
    I-140 approved: July 2005
    I-485 ND: 09/04/2007
    RD: 07/03/2007

    EB2: (Same Employer)
    PERM: Jan 21, 2007
    I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.

    Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
    Hoping that interfile is success.





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  • cal97
    12-14 05:05 PM
    Still waiting ....

    NSC->CSC->NSC

    No FP notices.



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  • she81
    01-24 04:04 PM
    The school is wrong on 2 accounts:

    1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.

    2. If she has an EAD, then your lawyer is right. She is not required to be on F1.





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  • av2004
    05-30 11:30 PM
    HateIV,

    If you think donations are a requirement to be the members, I have not paid IV a dime so far. Donating is not the only way to help IV. For example there is a call campaign, where you can call and leave a message as a fellow future immigrant. You can help IV that way. Please note that we are all here to have our collective voice heard by the USCIS and the government so that the immigration processes can be expedited. A whole lot of others come here to pose questions for their tricky or troubled situations and get help from the experienced. It seems that all you need to have is a civil tongue to not be banned. Is that tough to do? Even on a public Web site like this? What other choice do you leave to the administrators if that is the case?

    So, please be a good samaritan and try to help others if you can OR get help from others. Otherwise, I don't see a point in being a member here.

    av2004



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  • TomTancredo
    01-10 05:17 PM
    All,

    My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.

    The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.

    My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.

    Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.

    Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.

    Does anyone have knowledge of such cases (or) know the results of such appeals.

    Thanks !


    I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.

    If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.

    I think we as a community better off if you can reveal who the employer is.





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  • krishna.ahd
    01-14 12:53 PM
    Yup even air india has non stop to both del and bom from JFK. Or fly jet airways. Why are we paying virgin atlantic and BA for just their pomp?
    Dont forget
    Delta ATL-JFK-BOM or Continental EWR-DEL



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  • anurakt
    10-03 04:50 PM
    Let's send this to MENSA people to get it straight...... My head is spinning...:D No Offense, just take it easy.

    Still Spinning, I tried reading again to put 2 and 2 together.... I need to get an IQ test.





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  • rk07
    09-21 01:42 PM
    I also filed on July 20 at NSC. No checks cashed and no receipts, of course.

    When I called the customer service #, they said it could take up to 3 months.

    Any explanation for what is going on?

    Don't know what'z going on...

    Looks like NSC is processing August 1st week. TSC is processing July 26th and 27th cases and CSC is processing July 23rd and 24th.

    Only God has help us.

    Thanks,
    -rk.



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  • roseball
    02-28 02:50 PM
    I am in the same situation with H1/H4 extension receipt dates of Dec 21,2006. My current H1 and wife's H4 are expiring in June 2007. I dont think the H4 will be approved before Apr 2007. My company wont sponsor for premium processing neither its allowing me to pay for it. Can we just file for H4 to H1 under regular processing and submit the H4 extension approval once we get it approved. I am sure it will take them atleast 5-6 months to process regular H1 filings. Can more documentation be submitted to USCIS based on the receipt notice without them asking for it. I am just worried incase her H1 is approved without an attached I-94. It's a nightmare to go for stamping back home. Any suggestions/views?





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  • leo2606
    08-18 12:35 AM
    Why don't you ask your parents or some one who can help you to check with Registrar if they can apply on your behalf if you give power of attorney?I think this is the first thing you need to do if not yet.

    If that is possible they can provide copies of your passport, marriage photos.


    Hello -

    As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)

    Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.

    Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.

    Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.

    If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....

    ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.

    Thanks





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  • desi485
    11-07 03:36 PM
    Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
    However, having an official AC21 process would be good.

    minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.

    In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.





    mzdial
    June 13th, 2004, 12:59 AM
    Not to throw more rocks into the gears here.. But unless the S2 has been updated (which I don't follow really), it was using the chip that was in the Nikon D1 I believe?

    If that is such the case, ISO800 is noisy and you can't really shoot above that.

    Disregard this if it is newer tech and I'm completely off base.

    -- Matt





    Desertfox
    12-11 01:06 PM
    Is there any conflict between 'India being great' and your 'GC application'? Its really not a smart thing to say that you missed it on purpose when your name is 'PERMFILING', you have 'EB2 in process' and you appealed on your EB1 application. :D:D:D

    I missed the train too.. I guess we missed on purpose which is we make RICH in our own country in the future

    Business as Usual. They are minting (milking) money with other services.

    Damn H1, GC,#$%#$%$%$%^%$^

    All MNC's are flocking to INDIA lately. I think I am sitting on the wrong continent :-)


    Quotes on INDIA:

    a is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend and the great grand mother of tradition.” - American Writer and Humorist Mark Twain

    “If there is one place on the face of earth where all dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India.” - French scholar Romain Rolland

    “India conquered and dominated China culturally for 20 centuries without ever having to send a single soldier across her border.” - Hu Shih (Former Chinese ambassador to USA, referring to the entry of Buddhism into China. Buddhism was born in ancient India).

    So far as I am able to judge, nothing has been left undone, either by man or nature, to make India the most extraordinary country that the sun visits on his rounds. Nothing seems to have been forgotten, nothing overlooked.”- Mark Twain

    “In India I found a race of mortals living upon the Earth. but not adhering to it. Inhabiting cities, but not being fixed to them, possessing everything but possessed by nothing.”- Apollonius Tyanaeus, Greek Thinker and Traveller 1st Century AD

    “Bear in mind that the commerce of India is the commerce of the world and … he who can exclusively command it is the dictator of Europe.”- Peter the Great of Russia [LOOKS LIKE WE ARE GETTING THERE WITH IT]


    EB2- 10/05
    EB1 EA Appeal pending



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