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  • piyu7444
    05-06 03:05 AM
    Folks,

    I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

    On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?

    To get an answer just visit this thread

    http://immigrationvoice.org/forum/showthread.php?p=339084#post339084





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  • snhn
    04-13 03:53 PM
    DWI is driving while intoxicate. Its can mess you up as far as your life is concerned. This in the past has never been a problem. I have sent FBI a criminal background check request. I am assuming thats what DHS is using to say that I have criminal background.

    Anways, hopefully that wont show anything. My question is, can I goto Mexico with this type of application.

    THanks!





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  • Rajeev
    08-10 02:54 PM
    By other poster...

    "Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
    H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
    Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
    go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
    If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
    Good Luck
    And thanks"

    If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
    1. Increase of Immigrant visa to 290,000.
    2. Master's degree from US in STEM field not counted in any quota.
    3. Master's degree from a foreign country and three years of US experience not counted in any quota.
    4. Family counted as one.
    5. Recapture of visas from previous years





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  • bijualex29
    07-20 04:45 PM
    I asked this question several times, this is what the answer I got.
    To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
    I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4



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  • meridiani.planum
    08-06 12:38 PM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    congratulations!! You have been a longtime contributor to IV forums, and have given very good advice to lots of people. Hope you continue to visit here occasionally, your experience and knowledge will help lots of other people.

    Though first things first: chill out, its champagne time!! Enjoy!!





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  • perm2gc
    07-08 10:11 PM
    Check again
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  • eb3retro
    02-16 09:56 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David


    take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.





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  • satishku_2000
    10-05 06:49 PM
    Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...



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  • GCVictim
    05-07 11:57 AM
    Me and my wife got soft LUD on 485 files. the date was 03/19/2009. we are Jul 07 filers. PD was May 07





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  • reddymjm
    05-16 01:53 PM
    Sent an email to 20 of my friends @ work to that and following up with them.



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  • xu1
    09-12 07:08 PM
    -----------

    I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
    You have to be on a payroll to maintain your status.
    This needs probably more insight..

    I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.

    Please ask your (company's) lawyear..





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  • WAIT_FOR_EVER_GC
    11-11 12:51 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
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    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.



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  • bsbawa10
    04-11 06:09 AM
    I always did paper filing. I have done it third time this time. Incidently, the first two times the EAD approval came in about 17 days but this time, it has already been 15 days and I have not received the receipt even. The check was withdrawn on the 13th day.





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  • GCWarrior
    04-16 04:55 PM
    Our attorney contacted the service center today to say that it is service error and asked them whether it is possible to reopen the case without going thru official process. Not sure whether this works or not and also whether I should believe this or not? Any one know the occurances of these in the past.

    Thanks



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  • chanduv23
    08-09 01:07 PM
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    April 4th, 2005, 08:15 PM
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  • ksairi
    08-17 04:47 PM
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  • logiclife
    06-01 06:33 PM
    No, you cannot file for I-485 unless your PD is current. This is as per the current law.

    Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.

    As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.





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  • prince_waiting
    08-31 11:45 AM
    Dont worry about it guys........

    Every American who owns an IPOD and can surf the web thinks that he is hi-tech....

    Americans still expect six figues salaries after high school educaiton....

    My boss has been trying to hire a couple of EEs since the past couple of months but is not successful.....Ultimately he had to request me to find Indians graduating in the coming fall semester from the local university....

    Also the poll shoule be structured as "Do you think American school system is not producing enough skilled workers with knowledge in STEM fields?"

    'High tech jobs' and 'qualified workers' are all distractive terms for the larger malice in place: Americans taking for granted that jobs will be lined for them when they step out of college.

    As a matter of fact Mr. Lou Dobbs is doing a big disservice to the American people by lying and not encounraging them to face the harsh truth that there is a lot of competition out there and please be prepared to face it.





    clif
    07-29 08:10 AM
    Two other issues could be:

    1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.

    2. You need recent salary statements for EAD renewal every year.





    riva2005
    03-16 03:40 PM
    Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?

    If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.

    If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.

    Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.

    I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.

    Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.

    Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.

    By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.



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