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  • ArunAntonio
    10-17 12:48 PM
    I am trying to book an appointment at the chennai consulate through the vfs website.
    I fill in all the details on the DS 156 application and on hitting continue I do not seem to be getting the printable version with the bar code that we need to print and take to the consulate during the interview.
    Another thing is after clicking on continue I am presented with a page to fill in the DS 157 and petition details and after filling that, I just get options to save and exit or go back.
    I am not getting options to select a date to schedule the interview.
    Any one who has done this recently please hlep, I am stuck witth this stupid thing for a couple of days now.... Please help ;(




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  • kannan
    01-10 05:27 PM
    Mine is still in CA only.no transfer and no FP




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  • kutra
    01-20 05:22 PM
    My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.

    In that case, your wife is eligible for COBRA. See eligibility guidelines (Q3: Who is entitled to benefits under COBRA?) here: FAQs For Employees About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML).




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  • kaisersose
    10-12 10:29 AM
    You should also consider the GC factor. If your L employer is willing to sponsor a GC, then that is terrific.

    You can come into the US in Jan 2008 on L-1A, apply for your 140/485 in Feb 2008 (labor is not required for EB1 and the PDs are current) and you should have your GC by Jan 2009.

    On the other hand, if you come here on a H visa, you may not have a GC even during 2019!

    Weigh your options and plan accordingly.



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  • bipin
    03-18 12:44 PM
    Answers to your Questions:

    My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.

    And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)

    Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.

    My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.

    Cany Any Attorney/Member suggest?

    Dear Friend,
    We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.




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  • amitjoey
    04-16 04:02 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks

    I-140 has been denied in my case too. My case is fairly simple, My own labor- India EB3 June 2003. I-140 filed OCT2006 - RFE on ability to pay Nov 2007.
    I-140 denied- March 2008. Lawyer says, no basis for denial, as everything is clear, getting paid more than the labor-certification. MTR to be filed soon.
    I am not worried at all.

    Hearing about a lot of denied I-140s- No basis.
    My take: USCIS is overworked, and the quick way to get rid of the backlog- deny enmass.



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  • onemoredesi
    06-21 10:53 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Abhijit,
    This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
    I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
    To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
    You might want to talk to your attorney if you have the slightest of the doubts..




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  • chanduv23
    05-21 10:46 AM
    Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
    While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
    I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.


    Same place same thing happened to me. Their records were not upto date. But thanks for letting folks know what they can expect if they drive around border areas.



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  • kumar1
    03-03 12:19 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    __________________
    Not a legal advice.




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  • RNGC
    01-26 03:49 PM
    The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.



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  • optimist578
    03-18 12:34 PM
    Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572

    ----Quoted from website -----------------

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
    Status: Introduced
    This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.

    Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
    Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.


    Bill Sponsorship & Cosponsorship Statistics:

    Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
    ================================================== ====

    How encouraging is that?

    Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
    ---------------------------------------------------------------------
    Still fighting on... $50 p.m. + Lobbying with local Representatives...




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  • AB1275
    12-12 01:04 PM
    What was the REF about?

    As a backup you can file new EB3 PERM

    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.



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  • meher
    12-24 11:48 AM
    Thank you Swamy and Reachinus.

    Reachinus

    That is definetly helpful.

    What is substitue w2. Please send me any link that can give me more details.

    Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?




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  • amitkhare77
    08-10 12:06 PM
    I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
    I would recommend you the following -

    make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
    You have a copy of I-140 approval
    your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
    you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.



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  • wandmaker
    04-04 11:47 AM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.

    Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.




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  • syedajmal
    11-03 11:21 AM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents

    Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.

    HTH, good luck



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  • kumar1
    03-03 10:37 AM
    Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.




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  • mrajatish
    04-17 03:41 PM
    Agree with you - my wife's PERM approval got lost in mail and she had to apply for 140 with an electronic copy as DOL will not issue a new approval notice.

    Mine, of course is languishing in BEC.

    The inefficiency of DOL is really incomparable - they are much worse than USCIS.




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  • needhelp!
    10-09 01:41 PM
    From our meet & greet last saturday:

    GC Quiz:
    Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
    -----------------------------------------------------------------------------------------------------------------------------------------


    What are the Pros and Cons of AOS and Consular Processing?
    Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
    You have not got your green card yet. What do you think what is preventing the system to give you the green card?
    What is the importance of �Employment Letter� in AOS or consular filing stage?
    What is AC21 law?
    If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
    You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
    What are RIR and regular processing for old Labor approval system?
    Why Labor and are considered employer�s property and 485 Employee�s property?
    What is the purpose of Labor approval process as a sub stage in Green Card Process?
    Define the term Permanent Resident.
    What would be your obligations as Permanent resident?
    What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
    Explain different codes for Finger Printing process
    You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
    Same question as above but for 31 days or longer visit.
    What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
    -Apply under family category
    -Apply under employment based category
    -Apply as Investor/entrepreneur (Start a business)
    -Marry to a US citizen

    �What is the best option: To work on H1B OR to work on EAD? And why?
    �You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
    �What historical part Immigration voice has played so far for streamlining EB based immigration?
    �Which factors can jeopardize your Green Card in case of very long processing wait?
    �You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
    �What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
    �What is LIFE act? To which kind of Green Card applicants it can affect?
    �Once you get Green Card. What will you do to retain it forever?
    �What is Re-entry Permit?
    �How long you can remain as permanent resident of USA?




    kondur_007
    03-28 10:16 PM
    Was the extension with current employer applied before the expiry of your current I 94? Then only 240 days rule apply. Otherwise your are accumulating illegal presence.

    You need help from a good competent attorney instead of advise from forum; your case is quite complicated. If not handled properly, you may be subject to 3/10 bar. In any case, you need a very good legal advise even before you leave US.




    h1techSlave
    01-07 02:56 PM
    it is stoop, not stop :)

    You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.



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