Wednesday, June 8, 2011

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  • mandyharper
    November 9th, 2004, 11:20 AM
    Thanks for that, it makes perfect sense - I was leaning towards new anyway as there were no deals to be had.

    Nebraska Ap ( I-131) [Archive] - Immigration Voice

    View Full Version : Nebraska Ap ( I-131)

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  • amoschid
    07-18 04:01 PM
    thanks for the answer buddy

    1) Yes, 140K includes primary applicant,spouse and minor children.

    woaaah.. that's a very little number.... :p

    2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.

    i see... thanks for the explanation,
    this part still confused me though:

    if i divide 140000 / 9800 = 14.28

    that's only 14 countries, how was that suppose to work ?

    also... let's use Japan & India again for example:

    - suppose that India already used up to 9800 GC, and Japan only use 1500,
    the 8300 GC (9800-1500) will remain unused ?

    thanks again for the answer :D

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  • Steve Mitchell
    November 21st, 2005, 07:51 PM
    This one...I sharpened it. Hope you don't mind.

    I was afraid to sharpen them too much. I thought that would too make much noise.
    Which one you like best Steve?

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  • starscream
    03-24 04:19 PM
    Have you hear anything from your appeal? Please let me know.
    Thank you.

    Aura M/Hassan 11,

    I am assuming that when you guys say appeal - you mean request for review (RFR) for the LC that got denied. My LC was denied in November 06 and my employer's lawyer filed a Request for Review (RFR )because the said they were absolutely sure that DOL had denied the LC in error. Well, DOL approved the RFR and my LC was approved in Jan 08 - YES it took 14 months. The advantage is that if RFR is approved the priority date can be maintained. The lawyer's had told me that it does take a year for RFR to be approved (of course at that time nobody expected that the Pdates would become curent in summer of 07 so I missed that bus) - but anyways now I can maintain my original priority date.

    From whatever I have read online it seems the lawyers have to be absolutely sure that the LC is denied in error by DOL to expect any positive reply for the RFR.

    Best of luck to you both!!


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  • saddaypally
    09-30 10:34 PM
    Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.


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  • srkamath
    08-10 04:24 PM
    Poll result = 1 pending

    Sorry - dark humor:D


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  • adGurkha
    06-29 12:47 PM
    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?

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  • akred
    07-05 01:29 PM
    Ask them what the exact restriction is. It could be something as simple as needing a copy of your driver's license.

    This is probably somebody at the plan administrator who doesn't have the foggiest idea about US immigration law.


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  • psaxena
    06-25 02:33 PM
    Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.

    Excellent initiative ! Let's do it !

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  • gc_dream07
    08-11 12:36 PM
    PD : March 2006
    RD : July 2, 2007


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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?

    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.

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  • chanduv23
    09-29 11:50 AM
    09/27/2008: Senate Passed Consolidated Continuing Appropriation Bill, H.R. 2638

    * Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
    * Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.

    What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.

    Its kinda confusing and really not that big or sensational.


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  • raysaikat
    11-14 10:57 PM
    i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
    Can anyone confirm this?


    It is the other way.

    If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.

    If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.

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  • gotgc?
    08-13 11:15 AM
    Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.

    Hi ,

    thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?

    Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....


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  • glus
    05-06 12:50 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?

    Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.

    Best Regards,

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  • KRS
    01-20 02:18 PM
    This was a surprise and nice one at that!! Hopefully future VB does the same :p


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  • eb3_nepa
    07-18 10:52 AM

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...

    Howzzat there is a CLEAR clause in that statement

    "If we cannot even contribute $10 a month". There is a clear IF in that statement. And yes after all that IV has done and all the advantage IV members have obtained FREE OF COST just by sitting on the fence (on their behinds), while the core team, who by the way have full time jobs AND families, slogged MORE THAN FULL TIME to get IV's very first goal to be achieved, THEN I say I am FULLY JUSTIFIED in calling those people CHEAP.

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  • chanduv23
    09-17 06:58 AM

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  • a_yaja
    01-08 08:06 PM
    If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).

    You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".

    07-02 03:47 PM
    So you found it ..... I suggested my friend to get married to his american gf , I think that would be the legal and ideal shortcut

    So was he planning to dump her?

    Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'

    USCIS, what kind of sadist org/agency you are??

    09-12 11:10 AM
    Not anymore...

    EB2 India followed by EB3 India. If we take this "sampling" of information with a mild grain of salt, then it still does tally up with the distribution of the retrogressed dates. EB2 IN is U, EB3 IN is mid April. EB3 RoW is further along down the line.. not many illegals coming under RoW.

    Manny, in your next poll you might want to atleast get the 2002 & before, 2003, 2004 2005, 2006+ PD distribution of EB2 India and 01Apr2001-30Apr2001, rest of EB3 India. I think once those 245(i) illegal buttplugs are out of the way, EB3 IN should move at a good pace. But that may not happen until 2012-2014.

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