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  • wellwishergc
    04-10 07:01 PM
    I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.

    Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.

    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




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  • gc4me
    07-05 08:45 PM
    I have sent a request 5 months back to FOIA to get my I-140 copy. No luck yet.

    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.




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  • atul555
    12-15 09:52 PM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    Thanks everyone, your input has been very helpful.
    I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
    Till then based on your inputs I believe I have two recourse.
    1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
    2> I go on EAD and put my wife on F1 to maitain legal status.

    Here are the caveats with each.
    With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.

    With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.

    I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.


    BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.




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  • gc_chahiye
    07-29 11:42 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p

    similar boat. Lets see what happens first: my own PD becomes current or my child manages to sponsor me. 18-20 years for either!



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  • Leo07
    02-09 10:24 AM
    When the H1B is for 3 years, having you sign the contract for for 4 years is a quite stretch. I have signed such contracts before, it's usually not more than 6 months to 1 year (max). Please consult a able attorney, you are likely to have a valid case and make some money too:)




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  • krishmunn
    03-27 09:06 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question

    In the link which you provided , you are talking about Pakistan and now you say you are from India/Bangalore. That is the first thing whcih proves that you are fake.

    And most important, India does not allow someone to enter without Passport (or a travel document from consulate).

    Guys, ignore this. OP is either an anti or just trying to make fun



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  • dazed378
    04-07 08:40 PM
    Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.




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  • walking_dude
    11-25 11:52 AM
    Dear Friend,

    Immigration Voice (IV) [http://www.immigrationvoice.org] (http://www.immigrationvoice.org%5D), a grassroots organization working to solve the issues faced by employment-based immigrants, is planning a DC Rally during the first week of March 2009 to bring the issues faced by our community to the notice of US lawmakers.

    Details of this initiative are provided here - http://immigrationvoice.org/forum/showthread.php?t=22519

    I request you to join IV as a member and support this initiative by indicating your interest to participate in the DC Rally and Lobby Day (visiting lawmaker offices to seek their support)

    As you might know our community is facing the following situation

    1) 140,000 total numbers per year worldwide vs. 1 million applicants and their families waiting in the line. Some from 2001 and may be before that ! It's common sense that it will take at least 6 years to clear just the current backlog, if there were no per country quotas.

    2) Per country quotas of 7% exacerbate the situation to applicants from high-demand countries like India, China, Mexico and Phillipines. Approximately just 10,000 visa numbers are available to India where as it's estimated that at least 44% of the applicants may be from India ( based on USCIS statistics of around 44% of H1bs being granted to India every year). As spouse and children are counted, considering 4 members per family, on an average only 2500 Indian applicants get Green cards in a year. As you can see the numbers are dismal.

    Meaning, if you are from India, China, Mexico or Phillipines, you may have to wait 10 to 12 years to get your Green Card or more

    3) Between USCIS and DOS (Department of State that runs the Visa bulletin) a number visas get wasted every year, worsening the already BAD situation. For instance between 1994 and now 218,000 GCs were wasted by USCIS. ]If the trend continues, it may well mean 15+ years for India/China/Mexico/Phillipines

    Now I know the problems ! What's the solution?

    1) Increase worldwide EB GC numbers to 290,000 per year or more
    2) Eliminate country quotas
    3) Exempt spouses and children ( dependents) from the GC quota (this will effectively double the quota)
    4) Since USCIS inefficiency cannot be fixed by us, implement a 'Rollover' of unused visas to the next year(s)
    5) Recapture the unused number of 218,000 visas . This may mean you'll get GC or at least see PDs jump forward by a few years (reducing your wait time tremendously)
    6) Lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions.

    I know the solution. But, pray, who'll bell the cat?

    Fortunately for us, there is an organization that is working 100% exclusively for our cause. Immigration Voice ( http://www.immigrationvoice.org) a non-profit organization formed by EB immigrants to work for our cause. Starting with barely 200 members when it was formed in 2005, now it boasts a membership of 30,000 members and around 30 state chapters serving every US state with significant EB immigrant population.

    Immigration Voice ( fondly called IV by it's members) lobbies the US Congress and USCIS to provide relief to us. They have hired a high-profile lobbying firm Patton Bloggs to do lobbying for our cause. In addition they also do grassroots lobbying at State chapter level with the local Congressmen.

    What's Lobbying? Is it Legal for non-citizens ?

    Lobbying or 'Advocacy' is the act of Petitoning the US Government to redress issues faced by any person living in the United States. It's a right guaranteed by US Constitution (First Amendment) to every person living in the United States, citizen or not.

    Just like you can argue your own case in a court of law (if you choose to do it), you can also lobby or petition the US Government on your own. If you chose so, you can also hire a professional lobbying firm to do it for you, just like you can hire a lawyer to represent you in the court. Both are legally guaranteed rights. It's common sense that a professional does a better job - be it an experienced lawyer or a lobbying firm. Getting professional help greatly increases the chances of success.

    Boy, It must be really COSTLY to hire those DC Lobbyists?

    You are right. They are costly, but IV has been managing to keep the effort funded through sacrifices of it's Leadership (IV Core group), voluntary contributions from it's members, local fundraising campaigns by State chapters and selling IV-branded merchandise.

    Contributions are what keep IV ticking and working for you.

    I understand IV has been doing all this? Have they had any success so far? I don't want to invest in a campaign destined for failure !

    IVs success record so far in the order of signifance to EB community

    1) July Visa bulletin Reversal - Due to flip-flop by USCIS 350,000 applicants were denied the promised ability to file I-485 in July 2007. Chances are you might have been one of them ! We faced the grim prospect of losing thousands of dollars and countless hours of effort .

    IV conducted 'Flower Campaign', i.e sending Flowers to USCIS director Emilio Ganzales to request redressal of this unfair decision (in the spirit of passive resistance movement of Mahatma Gandhi). It provided wide media coverage to the issue nationwide.

    IV through it's California chapter, conducted the successful 'San Jose Rally' to highlight the isue to the Congressmen through the media. It also took an active role in petitioning San Jose Congresswoman Rep. Zoe Lofgren to help fix the issue. As it turns out Madame Lofgren, who also happens to be the Chairwoman of House sub-commitee on Immigration, was instrumental in forcing USCIS to rescind (revert) it's prior unjust decision ! An IV effort that paid rich dividends.

    IV actively particpated in discussions with USCIS in deciding the modality of reversing the decision, and was the first group to announce it, even before USCIS and US Department of State !

    IV Walked the Talk and helped the EB Community immensely


    3) Lobbying USCIS for administrative reforms - IV participated in the FBI Namecheck backlog reduction meeting ( when it approached alarming figures with some waiting for 1-3 years), where USCIS announced increased FBI funding to expedite the checks and other process improvements to increase efficiency.

    IV also successfully lobbied USCIS to increase validity of EAD/AP to 2 years from the previous validity period of 1 year. It has resulted in a saving of at least $1400 per year for every EB immigrant family that has filed I-485

    IV continues to lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions


    All right. Is there anything I can do to help IV?

    Definitely ! IV is an organization of volunteers just like you and me. There are several ways you can help IV. For starters by participating in the very important upcoming DC Rally and the Lobby Day.

    Just spread the word. Forward this E-mail to all your friends waiting for GCs.


    1) Join : IV forums are a good source for finding answers to Immigration related matters and exchange information. IV also conducts pro-bono (FREE) lawyer conferences for members on a regular basis.

    Website link - http://www.immigrationvoice.org.
    Member registration - http://immigrationvoice.org/forum/register.php

    2) Contribute : As you have understood, Lobbying requires lot of funding. IV needs your support to keep the good work running.

    You can contribute either one time or join as a monthly (recurring) contributor [preferred] here -
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    You can send ANY AMOUNT to IV as a contribution. All you need to do it create a PayPal account (if you don't have one), register a bank acount/Credit Card with PayPal (if not already done). Send money to IV using E-mail id - donations@immigrationvoice.org

    3) Volunteer : If you are open to volunteering, you can join your local State Chapter of IV. State chapters conduct activities such -

    a) Lawmaker meetings with Congressmen to discuss issues faced by EB immigrants
    b) Fundraising at local Events
    c) IV publicity through Flyers at public places & Events
    d) Local media outreach to get media coverage for EB community

    Benefits of joining : State Chapters provide more detailed coverage of IV updates issued from time to time than available at IV forums (restricted due to presence of anti-immigrants). They also provide updates early ( 2-3 days before stuff gets posted on IV)

    How to join ? : Yahoo/Google groups for the State chapters are listed here.
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52 ( Scroll to the bottom !)

    Submit a request to join your State chapter with your - IV id, Full Name, E-mail, Telephone number (mandatory to filter anti-immigrants). State chapter leaders will call to verify and you are in !

    You have covered it in detail. Yet, I have many unanswered questions! Whom should I contact to get more info?

    Ask IV !

    Call - (202) 386-6250
    E-mail - info@immigrationvoice.org



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  • BharatPremi
    07-12 10:57 AM
    Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.

    Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...

    Not claiming to make some new discovery here... merely stating that it kinda makes sense now.

    Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...

    jazz

    What conference call you heard was more emphasizing not to file during July with a secure note that filing would not hurt too. But after that lot of water has flowen down from upper Ganges to Bengal Bay. After that Rajiv changed the opinion and specifically put a note on home page of immigration.com. That note now says it is smart to file in July. This gives us the hint, at least I beileve, in the background USCIS is forced to come up with favorable solution to us perhaps without the need of lawsuite by AILF. Around same time Greg Siskind came up with news that USCIS is holding the cases.. So let's wait




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  • tnite
    09-30 02:21 PM
    Can you please tell us what the RFE was about....Did you use AC21.

    Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.

    The RFE was for my I20's and OPT EAD card and Marriage certificate.



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  • santb1975
    02-13 04:57 PM
    We have to do this

    Lets do it for us!




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  • gconmymind
    08-05 05:58 PM
    I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.

    Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.

    Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....



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  • Abhinaym
    08-13 02:49 PM
    who is vld rao?

    It's actually VDLRao, as far as I know...




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  • kminkeller
    03-09 02:49 PM
    Completely valid question ivgclive. Yes it has been more than 3 years that I had EAD. Only fear that I have right now is for EAD you need to have a job at all times in case I get an RFE or any kind of notice to prove that I am working on similar job. In this economy you never know what is going to happen. You have a job now and you may not have it later. That is what concerns me a lot coz I have a family here and bought a house and other responsibilities. So I was hoping porting to EB2 was not that long process from Labor, I140 then I485. and that is why I needed to know if I need H1 to apply for Labor on EB2.

    BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.

    Thanks.



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  • makemygc
    09-19 07:21 PM
    Hi Joozz,
    I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
    Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.

    Hope this helps,
    MakeMyGC
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.




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  • hopefulgc
    07-31 04:10 PM
    interested in charter/car pool



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  • amitjoey
    01-11 11:46 AM
    Just so everybody understands:

    This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.

    This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.

    There have been a lot of bills in the previous years that have not made it to the floor.

    IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.

    Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.

    Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.




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  • binadh
    10-06 09:40 AM
    Your's is crossed 15 month stage, so you can ask your lawyer to enquire about it...

    Hope fully DOL will approve yours soon...

    Good luck

    Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?

    I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.

    Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.

    Thanks.




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  • immigrant-in-law
    04-20 10:04 AM
    COngratulations!
    Also, can you please tell me for what period has your H1 been extended. Is it for 3 years or for the duration of your current assignment?

    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful




    natrajs
    09-03 12:06 PM
    Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.

    Guys ... kismet changes!

    Congrats and Best Wishes, I wish I get my GC too




    invincibleasian
    02-20 06:34 PM
    I used the data from this webite to apply for FOIA for I-140



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