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  • jsb
    11-02 10:58 AM
    Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
    .
    Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.

    Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
    After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
    I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)

    Bottomline is that there has to be at least one I-140 approved at some stage.




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  • imh1b
    02-04 03:48 PM
    Why is everyone making a big deal about going to India?

    If you want to go , then go.

    Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.


    Let everyone be green and happy.




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  • zeta7
    06-22 01:36 PM
    Hey all,

    I completed my landing in Toronto some 4 weeks ago. My pertinent details:
    -No valid H1B stamp in passport
    -485 was filed
    -Planned on using AP to return

    The risk at the time (since there was no clear consensus here) was returning to the US using AP with a Canadian Immigrant visa stamp in my passport. I should point out that my passport was literally a year old, and the Canadian visa was bang in the middle pages; it popped out as soon as the passport was flipped open. It couldn't be missed.

    Toronto immigration was smooth. The only comment the officer made was that I had only a week left before my Canadian visa was due to expire, and she was surprised I had waited till the last minute (I suspect she'll be seeing quite a few more cases like this soon though!). I provided a Canadian address to receive my PR card over there.

    I spent two days only in Canada. I decided to travel across the Atlantic and meet up with the family since I was leaving the U.S. anyways. Plus I figured on returning, if I was asked what the purpose of my travel was, I could honestly say "visiting family" as opposed to beating about the bush about the Canadian PR.

    I returned 2 weeks later to NY-JFK. At the immigration counter I was asked to go to a separate desk to have my AP paperwork done. The Officer there asked me what my area of employment was, which I responded to. I was then asked to wait. 20-30 minutes later I was called again and my passport and AP documents were returned. No other questions were asked.

    I was extremely paranoid about the whole thing, but there were literally no issues. Of course luck plays a big part, so it's up to you to roll the dice; chances of problems arising seem low though.


    It's been almost 4 weeks and I still haven't received the Canadian PR card; if anyone else has an idea of how long it takes, I'd appreciate it if they could apprise me. Also I'm under the impression that since I'm not earning any income in Canada, there is no tax paperwork to be filed there. Is this correct?




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  • gc_on_demand
    11-17 03:58 PM
    Done



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  • delhiguy
    07-04 08:08 PM
    No use in getting exploited, Its you life , resign and get another job.

    I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.

    Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)

    Which employer would you call better ?? :)




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  • Honda
    09-10 12:33 AM
    -with correction
    We all morons and still wont learn, we will still start predicting for next visa bulletin hoping that a reincarnation of god will come and deliver us visa numbers.
    Unless we all make a collective effort no one is going to listen to us. I know the fate of my post, we all will get busy to get our post noted or express our opinion which will definitely solve our problem or proving our point the that "i am right you are wrong" or get busy with "my ideas are better than yours" or "who wins the quote slamming contest".
    We have simply lost our fous of our main problem . I think we deserve this perhaps I think if we continue like this we dont even deserve GCs.[/QUOTE]

    There is nothing change in the next bulletin. What you saw from the last couple of bulletins "Unavailable". That should be happened with in few months. This is my opinion. I am not blaming any body. This is the real situation going on from the last couple of years bulletins.



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  • YesGC_NoGC
    11-21 11:13 AM
    Mehul,

    We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.

    Best Regards

    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul




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  • sledge_hammer
    01-30 05:06 PM
    Don't confuse between taking legal risk with doing something illegal. You must be an idiot to think they are the same.

    Poeple that sold $500K home to those who make $40K were not doing anything illegal. What they were doing was irresponsible. It is the guy that was making $40K, but lied on his application that he was making $80K that is the criminal.

    And your assumption is that we are complaining about unethical behavior because we are in the US and we think that everyone in the US is ethical? How stupid are you? Sorry to burst your bubble, but we do not think so. I, and many like me, think we should do the right thing no matter where we are, here, India, or elsewhere.

    I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
    There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
    As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
    It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.

    Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.

    The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
    Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
    So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.

    Peace out.

    PS:Aksham,this is not directed at you.



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  • abisen
    09-14 06:25 AM
    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!


    I completely share your opinion.




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  • nandakumar
    09-17 03:22 PM
    Something needs to be done to make USCIS accountable for its actions.

    I welcome this initiative by joining today and pledging to contribute if at least 1000 others come together to push forward this effort.

    I have sent my details to man-woman-and-gc.



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  • makemygc
    08-01 04:57 PM
    USCIS are doing internal transfer from more than a year(140 & 485). They are processing 140 and 485 at both the centers and requesting the application at NE only. It seems now you noticed.

    well they have started allowing for direct filing to each of these centers from July 30th. It's going to be another pre-PERM situation when place like nevada used to process labor in 3 months whereas NY was taking 2 years.




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  • gc_on_demand
    05-08 03:15 PM
    So who is the leader who is responsible of DOING stuff with that money when I contribute

    Read about IV Core members and if you need how money being spend , internet will be your help. There are some website which gives you tax return of non profit orgs like IV.



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  • r_mistry
    02-07 11:32 AM
    Actually You have to PHYSICALLY present in Canda for 2 years in a 5 year period since the date landed.

    Hi Lasantha,

    Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.

    Thanks again !!




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  • sweet_jungle
    11-07 01:13 PM
    Thanks much.

    What is the email address that you sent this to?

    prakash.@dhs.gov



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  • GCKaIntezar
    06-16 02:01 PM
    Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.


    Cool bud. You seem to be going on expressway..

    Good luck to all of us.




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  • geesee
    08-18 02:32 PM
    The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!

    I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.

    You made me laugh :D



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  • Bala-immi-voice
    09-06 05:08 PM
    485 Filed 3rd July,

    RN on Aug'17th

    no Fp yet.




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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference immigrants.

    Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.




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  • mpadapa
    10-09 10:33 AM
    This thread is very interesting. Ppl are coming up with various hypothesis to get their own GC fast. Come on folks, the GC system was good when it was devised in 1990. It is just that the system never kept up with the changing times. The inflows to the GC system kept changing (more H1's, L1's....) but the outflow (visa numbers) are still fixed, and hence there is too much overflow and choking in the system. Isn't it time for us to unite and stand as a single voice and work towards removing the bottleneck (visa numbers).
    It is easy to say on forum how USCIS should work, but in reality can it work. For example Just try to convince U'r colleague (sitting in u'r adjacent cubicle) or even U'r boss how to perform his/her work. Then see how the response is. If we (IV members) aren't aligning on basic issue and solution, how much credibility would we be having to go and ask USCIS how they should run their office.

    Come on folks, be realistic. We all know a legislative fix is the only way to solve the current front-log so why can't we organize at various levels (county, state, national) and work towards such a legislative fix. The key to that is to get active in U'r state chapters and do grass-root level work towards a legislative fix.

    If the system is streamlined the out of order processing worst case might be in weeks (can we not tolerate that) compared to yrs now...

    INSTEAD OF SAYING IV SHOULD DO THIS OR THIS etc.... WHY DOESN'T ANYONE SAY THAT I/WE WILL DO THIS SO THAT IV CAN ACCOMPLISH say TASK x




    myvoice23
    09-25 05:49 PM
    Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?

    yes, it reached at 9.03am and was received by R.William




    dtekkedil
    07-10 09:53 AM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD

    Check the USCIS Home page-

    http://www.uscis.gov



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