Thursday, June 30, 2011

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  • shvinod
    05-27 04:06 PM
    Thanks for the suggestions. I called in the National Service Center and put in a request to expedite the case. Got an email that I can try to visit the local ASC and see if they can collect the biometric. We visited the local ASC today and the were kind enough to collect the Biometric. I hope we get the AP before the departure date..




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  • Dhundhun
    07-11 09:42 PM
    I sent a PM to you. Hope that is helpful.




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  • vijay1974
    09-18 10:15 AM
    http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives




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  • Pagal
    01-24 05:13 AM
    Hello,

    In general, AP is not related to employment (it is a conditional admittance aka parole into US boundaries till the conditions are resolved), so the PoE CBP should not ask about employment. However, as your husband has been away for a long time, the CBP officer may be curious to know why and what is the purpose of entering US after such a time lag.

    In such a scenario, your husband should have a strong reasoning as to why he is entering US. Some of such reasons are a) employment b) having immediate family in US or c) owning house/property that needs visitation.

    If your husband has one such reason, it may be helpful to gain entry into US, but pl do consult your lawyer...good luck



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  • sri2007
    11-11 12:51 PM
    Could you please help in explaining were to see the details for "self filling". Thanks for your help.




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  • QuintonBermuda
    04-26 10:22 PM
    See article:

    Congress hears two views on H-1B visas (http://www.eetimes.com/electronics-news/4214667/Congress-hears-two-views-on-H-1B-visas)



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  • sury
    10-12 11:55 AM
    PriorityDate: Feb'2007
    Recieved I-140 receipt, Awaiting approval
    Received I-131 receipt, Awaiting approval
    Received I-485 receipt, Awaiting approval -:)
    Received EAD CARDS
    Received Finger Print notice(s), FPs due this month


    I have changed my Address just after we have received EAD Cards and after a week I got Finger Print notices to my old address, Obviously USPS will not forward those mails to my new address. My Attorney sent my original FPs to me and I am going for FPs to my old location.

    I have moved to new location 1st of October and Filed AR-11 within 10 days. I just want to know if this does not really bother me during my FP.




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  • mkarothi
    07-11 05:41 PM
    Hi,

    I am in the following situation.

    1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).

    2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
    ( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)



    3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.

    4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".

    5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration

    He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.

    6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.

    7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.


    Given the scenario, what are my options as I am on time crunch.....?

    Any suggestions greatly appreciated.



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  • designserve
    09-04 11:53 PM
    :(
    surprising....no answers after 71 views??




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  • supers789
    08-07 08:00 PM
    I have an approved i140 from old employer, using which I am planning to file i485 (As PD from old PERM/i140 is current for the month of Aug. & no labor filed for ne employer). As I am in good terms with old employer, they are ready to give me a "future employment letter" for my GC processing.

    Can someone please let me know -
    1. Format of the letter, details thats needs to be present in it,
    2. Anything else I need from the old employer.

    Thanks!



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  • grinch
    05-09 05:30 PM
    Meh I see what you mean, but thats what I was going for... Hrmm, hold on.




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  • Lara007
    01-12 11:17 PM
    I had the same issue and I didn't write down the receipt number and USCIS customer support wasn't helpful to get the number. Now I am stuck and can send the support document only after receiving notification mail.



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  • pmamp
    04-05 03:15 PM
    My wife's H1 ends and before it expires she is leaving for home country, there she will apply for h4 to come back on.

    Do we need to file change of status form for her?
    Thank you,




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  • insbaby
    11-07 06:27 AM
    He missed the important path of "EB3-I".

    He should have put one more path for EB3-I that ends like

    "the petitioner is 154 years old, or dead taken to crematory by his/her great grand children while the application is in pending..."



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  • MONCYS
    03-20 11:42 PM
    TSC online system is down. Any update on this ??




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  • huggybear2679
    09-30 05:43 PM
    You've been approved per your message below. So all it means in your case is that the USCIS has to let the Visa Center and/or Dept of State know that.



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  • Hello_Hello
    11-08 11:11 AM
    Were you joking or you really meant what you wrote ?
    Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?




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  • rockstart
    09-26 12:16 PM
    HI All,

    My H1 will expire by the end of October and my employer has applied for LCA on First week of Sept and it got denied. (the status on iCert shows as Denied). My employer has sent the FEIN Info and waiting for info from DOL.

    I am not sure how long we will wait for DOL to respond back on this .. Do we need to reapply for LCS as i need to apply for H1-extn before end of October..

    Could Pls some one suggest the best course of action..

    thanks
    mars

    Hang in there it takes 5 working days to get the LCA approved once you send the FEIN details.




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  • Blog Feeds
    06-11 08:20 PM
    Today I will be giving a presentation on immigration law along with my colleague, V. Thomas Langford, to the Air Force JAG serving at Travis Air Force Base in Fairfield, California. The Air Force JAG Corps are lawyers who provide legal advice to those serving in the Air Force.

    Our training today will focus on the basics of immigration law. We will be covering family-based immigration law and outlining the procedures involved in petitioning for a family member to immigrate to the United States. We will also be talking about the Violence Against Women Act ("VAWA") and how an individual may self-petition for immigration status if he or she has been the victim of abuse or mental cruelty. Finally, we will discuss the naturalization laws as they apply to those serving in the military at a time of a conflict.

    It seems that I always learn something while preparing for a presentation. While preparing for this one, I learned that staff from USCIS in Sacramento go to Travis Air Force Base twice a month to interview applicants for naturalization and administer the oath of citizenship on the same day. Kudos to USCIS for taking the time to do this. USCIS has an entire website page devoted to military naturalization ceremonies (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7b309f22ae951210VgnVCM1000004718190aRCR D&vgnextchannel=0a9ab58f71e14110VgnVCM1000004718190a RCRD) performed in May 2009. Included on it is the photo taken at Travis.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/06/immigration_training_at_travis.html)




    CRAZYMONK
    07-21 02:29 PM
    That is correct. If your employer is enrolled in E-verify then he needs to updated your information in that system otherwise just keep the form for record.




    gomirage
    06-07 01:59 PM
    It's up to the employer if he wants to keep you as an employee and has the right to cancel your H1 if he likes to do so. Just because you left the country doesnt mean that your H1 becomes invalid, but again its up to the employer.

    That's right. Only thing is he will be required to pay you. Make sure you get pay stubs in case you are asked to prove your status at re-entry.



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  • anilsal
    12-15 09:10 PM
    Is it worthwhile to ask these Indian philantropists with enough dough to fund efforts like IV? Or are they going to give a blind eye?




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  • gjoe
    10-03 03:40 PM
    EB1 - C
    EB2 - C
    EB3 - C
    EB4 - C (if this exists)
    EB5 - C (if this exists)

    But all cases should be processed by priority dates and the services centers should show the I485 EB catergory cutoff dates instead of the processing dates.




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  • chanduv23
    02-15 06:37 AM
    Maybe my question does not make sense???:confused: :confused:




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  • gc_on_demand
    01-07 10:56 AM
    My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.

    thanks,

    Share what ? Chill dude.. Make sure you have all required documents. They will not reject your case if it is genuine.



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  • VMH_GC
    07-05 08:52 PM
    I agree that i should put this message in the media drive thread. But unfortunately i don't know/have permission to delete this thread, can someone close this thread?




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  • feedfront
    08-14 03:19 PM
    For my canada trip (by car), CBP-Us just checked my H1-B approval (passport had old exprired visa) and they let me in.

    I think it's true only for entry by road.



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  • ursosweet
    12-10 08:48 AM
    :confused:
    Hello everone.
    My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
    i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.

    what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
    Can anyone please help me out.

    Thanks




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  • olegbi_q2
    07-27 05:20 PM
    Got an RFE request on a I485 that I think is a huge problem.

    I spent a year in the USA in 97-98 on J1 student exchange Visa.
    I went back to Russia, and finished the last year of high school there.

    Then in '99 I came back to the USA on an F1 visa, did a four year college. After that I have been continuously employed on H1b, filed for green card in 2007.

    RFE is requesting information about Section 212 of Immigration and Nationality Act.


    How big of a trouble am I in?



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  • pointlesswait
    03-28 10:38 AM
    so are ppl still contemplating about moving from eb3 to eb2..think again;-?

    Eb3 walle...sab lambi race ke ghode hai...;-)




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  • styrum
    02-16 01:01 PM
    Requiring experience in addition to MS degree is considered "normal" for positions in Job Zone V. Whether it's more likely to trigger an audit or not - I doubt anybody will be able to tell you. For that somebody has to have experience of filing two PERMS, almost identical except for the experience requirement. I doubt many people have such an experience



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  • rkumar18
    09-26 07:23 PM
    I didn't get the EAD too...

    I am in the same situation.........
    __________________
    Labor : EB2 PD March 2005
    I-140 NSC 10/2006
    I-485 & I-765 - NSC - signed by R. Williams at 7:55 AM
    Self & Spouse
    I-485 July 2nd Filed - WACXXXX - Case Transferred to NSC.
    I-765 July 2nd Filed - EAD Received
    Reply With Quote




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  • gcformeornot
    02-08 09:40 AM
    My original L1B visa was from Mar2004 to Mar2009 ( 5 years)
    In Aug 2008 I left my L1 sponsor and started working on EAD for different employer( used AC21 portability)

    Now my question is can my employer apply for H1B visa for me in April 2010?

    Thank in advance for your time.



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  • simple1
    10-18 11:13 PM
    b1 and h1b are trade issues.
    eb visa is an immigration issue.




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  • rajeshiv
    07-24 11:43 AM
    Can please someone help me? Thanks


    Are you on which company payroll?

    -RR



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  • jeffsmith
    03-24 12:48 AM
    Yes you can do this...just call the embassy....Indian ambassy is pretty fast....to help on this...




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  • voldemar
    06-25 11:03 AM
    Can someone tell me what is a good lawyer??? I think this term is very much like good politician.. They are extinct...
    If someone using company lawyer to file I-485 and other forms, ask this lawyer will he send receipt notices to the applicant or not. Some will get answer that it's company policy not to sent anything to applicants :mad: .



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  • tillu
    04-02 01:50 PM
    Hi There,

    If My Project with company "A" is over and they are sending me back to india, but before going back i file transfer with company "B", once "B" gets the approval i can come back.

    Can it be done this way?? i mean after transfer is filed can anyone go back to india or He/she has to be in US during this period??

    Thanks in advance




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  • kirupa
    04-22 04:55 PM
    I really like your last two entries! :beam:




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  • kuppas
    04-11 05:39 PM
    Both I94, one you got at POE and another you got from H1 approval notice has same number. I94 attached with the H1 approval notice has expiration date and you can use it until it expires. I assume, both are valid since both has the same number except the expiration date.




    vivache
    11-09 05:09 PM
    I called the embassy and the staff member told me that I would have to go to the nearby DHL office in LIMA and drop all the documents. And then the embassy would get back wihin 4-10 business days.
    This is really dicey for me since the Christams holidays could push this ahead.
    So no go.




    HV000
    11-09 10:48 PM
    Yes, a transfer could be filed while an extension is pending. This is the so-called anchor transfer. However, the transfer would be denied if the extension petition is withdrawn before the transfer is approved.



    The 140 approval notice is not required unless this is a post six year transfer/extension.

    Thanks Fromnaija!

    Why do you say tranfer will be denied if extension petition is withdrawn? Are they not seperate applications filed by 2 different companies?



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  • sanjay02
    06-22 01:56 AM
    Hi
    Tell them that you will report their activities to Dept of Labor.
    email:info@dol.gov

    Look for DOL local office. But before you do anything call an attorney speak to him.




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  • ruchigup
    05-01 02:34 PM
    I just talked with my current employer, and they seems willing to sign letter as appropriate in respondin to RFE.




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  • dilbert_cal
    07-08 03:59 PM
    Sorry - I hadnt seen the other threads that you have already started.

    Can you please in future just open one thread or even better use an existing thread.




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  • lecter
    December 23rd, 2003, 09:01 AM
    imagine, if MF digital backs were say, $6999, how many would sell???

    bloody thousands....

    seems stupid to me to make them so expensive



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  • Efrain
    02-23 06:29 AM
    There Should be some link like this where general public can spill its views out.
    This forum provides such platform. Hope giving comments and arguing would not go unanswered.




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  • chanduv23
    03-06 03:57 PM
    He has to testify tp House and not senate



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  • cellphone
    01-04 06:03 PM
    May be it is worth it or may be not....In www.cnn.com there is a section (on the left hand side) asking what the democrats should do first. (They are basically asking our opinion)

    I wrote down some items that I thought they should discuss, namely, in the area of legal immigration relief for EB categories.

    We probably wont gain anything out of it; at the same time, it doesnt hurt to send them our opinion.

    what say you ????




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  • vicente
    10-11 11:22 PM
    What I was wondering was that, since BOTH F-1 and TN are non dual-intent visas, would they allow people to hold both of them at the same time? So that I can study during the school year, and work in the same area in the summer instead of having to go back home to support myself.

    - Vincent



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  • kshitijnt
    05-03 08:39 PM
    First of all you are on OPT and your status has not yet changed to H1. It will change to H1 in October.

    Your company can cancel H1 with or without your knowledge.

    Your new employer can transfer your H1 provided you have the receipt number EAC or WAC number.

    If I were you, I would first get the receipt number from your employer and then join the new company on OPT. Also if things do not work out this way, you still join the new company as you are eligible for 17 months OPT extension, you can still qualify for next years H1.

    Best strategy is to use as much time on OPT as possible because in that case you dont have to pay social security and medicare taxes.




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  • go2roomshare
    03-29 04:57 PM
    What I don't understand is why you are filing another I-140 when you already filed I-485? In any case you can use AC21 only after your 485 has been pending for more than 180 days.

    For PD porting you need to file I 140



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  • sledge_hammer
    07-01 07:52 AM
    Please take this poll.

    I have a request for people who want to shoot me for posting another poll - If you're gonna shoot, shoot! Don't talk! :)




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  • Blog Feeds
    06-05 02:00 PM
    http://www.californiaimmigrationlawyerblog.com/border%20crossing.jpg


    On June 1, 2009, new document requirements go into effect at land and sea ports for entry into the United States. Pursuant to the Western Hemisphere Travel Initiative ("WHTI") an individual may show one of the following documents in order to be admitted into the United States:

    U.S. or Canadian passport;
    Trusted Traveler Card (Nexus, Sentri, or Fast/Express);
    U.S. passport card;
    State or province issued enhanced driver's license.


    California does not issue "enhanced driver's licenses." (Enhanced driver's licenses contain multiple levels of security features.) It is no longer possible after June 1, to travel to Canada and expect to return with just a California driver's license. You must therefore have proof of citizenship as indicated above or proof of lawful permanent residence (i.e., "green card"), or proof of some other kind of non-immigrant status in order to be able to return to the United States.

    For more information about the document requirements, please see my previous post on "Free travel widget helps plan trips abroad and return to the United States (http://www.californiaimmigrationlawyerblog.com/2008/10/free_travel_widget_helps_plan_1.html)." You may also go the U.S. Customs and Border Protection (http://www.getyouhome.gov/html/eng_map.html) website on WHTI to obtain further information.


    More... (http://www.californiaimmigrationlawyerblog.com/2009/05/new_border_crossing_requiremen.html)



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  • sayonara
    08-23 01:18 PM
    :)my wife also got her 3rd FP notice. My self never did after first time. Its not big deal.




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  • h1techSlave
    03-10 12:12 PM
    carry police report or some other proof regarding the fire. my papers were stolen and I have always shown them the police report.



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  • auvrm
    05-18 06:18 PM
    (I'm a new member to this forum)

    My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).

    I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.

    FYI: I'm working for this company since Oct 2005.

    Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?




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  • billvor
    05-06 04:04 PM
    How to check my DV_2011 result?
    Electronic Diversity Visa Lottery (http://dvlottery.state.gov/) after July 1st.
    If you won - you will get mail notification



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  • SpotanAnti
    10-08 05:33 PM
    byragani is an anti trying to publicize the same thing that Anti's are trying to do and recent BW did.

    Stop posting to this thread.




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  • anantc
    08-26 04:47 PM
    Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
    Labor Filed Date: Oct 3rd 2003
    Labor Approved Date: Sept 15th 2006

    EB2 140 Applied: Oct 30th 2006
    485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
    485 Finger Print for both(biometrics): Oct 4th 2007

    EB2 140 Query (RFE): Dec 5th 2007
    "The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
    for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
    Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."

    In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
    EB3 140 Applied: Jan 10th 2008
    In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
    EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.

    Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
    Also will the existing I-485 pending is fine or should I file new one for EB3?

    Thanks in Advance.
    Anantc




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  • hpandey
    01-05 11:50 AM
    There is just one other way that you apply for citizenship , get it and then sponser them for GC again but that whole process would take a year at least and money too.

    Best thing would be to wait . I am sure that EB3 India would move by a couple of months in this year and your family would get the GC's. If you have waited for the last 8 years for them , another few months should not matter.

    Going the citizenship route is probably going to take longer in your case I think . You can try that if EB3 doesn't move in the next six months.




    j751
    06-19 02:11 PM
    Thanks for your reponse Panky... I filed my I-140 cocurrently with I-485 with NSC but it got transfered to CSC ...CSC is not even publishing I-140 processing dates.. Wondering if CSC is processing I-140's... I believe that NSC and TSC has sole jursidication over I-140 adjudication.




    vxg
    11-07 11:49 PM
    Gurus,
    I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?

    Is it possible, please advice.

    Thanks

    My attorney said same i.e. no issues known so it will be OK however as a lawyer he says small Possibility of screwup.