Friday, June 10, 2011

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  • desi3933
    03-03 12:30 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Its not even for ENTIRE employment based category either.

    As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.

    PD can NOT be ported for EB-4 and EB-5 either.

    __________________
    Not a legal advice.





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  • hebron
    04-17 07:04 PM
    Hi Guys,
    Any suggestions for my post above? It will be really helpful.

    Thanks in advance!!





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  • EB-VoiceImmigration
    09-07 03:17 PM
    How about even a much better solution, learn your country's national language......:)

    My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.

    --> FCUK U. Who the hell are you to say this ?

    Now.. lets dicuss...

    It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?

    Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.





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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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  • shana04
    02-07 04:18 PM
    Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.

    For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.


    I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.

    Do not worry.

    And Finallly good luck to you.





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  • kishdam
    03-25 10:11 AM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !

    Seems like this bill has some EB provisions as well - like exempting PhD holders from visa numbers. Ofcourse thats too little but something is better than nothing.



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  • helph1b
    08-28 07:03 AM
    Hi Vani,

    Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.

    Are you still in contact with your employer about the H1 application case?

    Let me know if you get any updates.





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  • vybe3142
    07-25 12:59 PM
    Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.

    Good luck.


    Thanks, ..
    What kind of documentation do I need to keep handy in case of RFE?



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  • panini
    03-17 01:40 PM
    Thanks Tnite and Leoindiano for your responses.

    Yes, I called Customer Service first thing this morning and I think I was lucky enough to talk to an IO. I think she was an IO because she had access to all the information and she confirmed that the older PD is in effect.

    Once again thanks for the responses.

    Pnini


    When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.

    Call USCIS custonmer service and see what they tell you.





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  • subba
    06-19 10:01 AM
    He says that is what he always used and he never had a problem.



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  • aps
    01-07 10:09 AM
    can you please explain little more? what is meant by after invoking, is it AC21?

    If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
    thanks in advance.





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  • simmy78
    08-10 02:13 PM
    I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

    Thanks.



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  • GotFreedom?
    03-12 09:43 PM
    Congratulations to you and your family. Enjoy!!





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  • 21stIcon
    05-04 12:41 PM
    I searched all over web for BEC to PERM conversion denials, I could not find even single references on NRIWEB OR immigrationportal.com, and I know it could take more time than expected but have not heard of any denied cases so far, please share your source of info....



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  • meridiani.planum
    04-03 05:49 PM
    inline...
    Hi All,
    I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.

    I changed jobs on EAD

    1. Did you find have any issues when getting 485 approved.

    My PD is still 5 years or so away from being current. :)

    2. Did you file AC21.

    No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.

    3. Does the job responsibility has to meet 100% word by word.

    In my case its about 80% the same. In general its better if its as close as possible.

    4. Has any one you applied for EAD extension on your own.

    Not done yet, but will do this year. Its a simple enough form

    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.

    have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.





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  • gc070922
    12-19 05:15 PM
    Husband + Wife - 1 Application

    Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
    I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?

    Thanks in advance.



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  • tnite
    09-27 09:36 AM
    Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?

    Just to add to the pile, Mine says "UNKNOWN".
    So what? Move on guys and if you're still worried take it with you to FP and ask the IO





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  • sash
    06-20 04:03 PM
    OMG are you guys saying dont travel even in emergency situations?!!





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  • optimist
    09-30 09:53 AM
    Thank you folks, for sharing your thoughts!

    thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(

    By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
    <quote>
    (i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
    (ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
    </quote>
    How generous, isn't it?? :eek:

    Any one else, with good/bad experiences to share about this ?
    .
    .





    pappu
    12-24 10:44 AM
    If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
    Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36

    Let us also list such blogs on this thread. Here are some blogs:
    (1) http://immigrationvoice.blogspot.com
    (2) http://iv-physicians.blogspot.com
    (3) http://iv-tristate.blogspot.com
    (4) http://dcrally.blogspot.com
    (5) http://www.touchdownusa.org/
    (6) http://skilledimmigrants.blogspot.com/
    (7) http://www.touchdownusa.org/floral/FloralProtest.html
    (8) http://www.tired-immigrant.blogspot.com/





    eb3_nepa
    11-06 04:49 PM
    It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.


    What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?



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