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So we can transfer our H1's but can we still have our 485 applications pending

This is something I've been wondering for a while reg. EB3->EB2 process.
After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
Thanks for any responses!

I have decent writing skills and can help.

^^^ bump ^^^

Take one by one and try to answer properly.

1. What is CIS is returning visa #'s to DOS.?

There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

2. How USCIS and Consulate can report unused Visa #'s?

You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.

All these Visa #'s are reported back

3. To me around 20000 such numbers are available for this years quota

4. Can my applications sneak into this #?

Answer is uncertain.

If your have an old priority dates then probability is high

If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

5. What would August VB have?

If they do not approve any July2 filling then here is what they will do

a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD

They are making a decision fast, that the reason Aug VB is not yet published

6. Will USCIS reverse the new decision?

Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

7. How about Law suite?

:) Do not worry there is a slick chance. All appropriate autherities are informed about the circulars

I have no hope from this process. It's just building a fake hope.

8. People are still filling the application.

Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

There is no guarantee that you will process your application from XYZ law firm in Oct.

If you file now through them, you are bonded with him until you hear some good news from CIS.

There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.

Ahem.. ? :confused:

Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.

ggc,

What was the outcome of your interview. Did you get 485 approval. I am in a similar situation. Appreciate your reply.

Thanks a lot for the VISA issue....

Cant i travel via germany to india with stolen visa issue ?

Thanks for your answers. I have already asked my friend to join IV.

Is there anyone who has recently filed labor - PERM ? Can you share your experience?


-M

ALL IV MEMBERS AND ENTIRE IMMIGRANT COMMUNITY MUST MUST MUST FOCUS ON STRIVE ACT.

This is our top most priority.

The rally has been perfectly timed. We must make this a big success.

So please participate in the rally.

Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.

Hi..what is "succession of interest" document...is it the actual 'merger' contract ?

Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks

Hello Ravi
You need to talk to someone in the law firm (if possible) who did all the paperwork for the merger because they would be the ones to know about this clause. If that's not possible, talk to your HR and ask them to get this clarified from the lawfirm. The succession of interest document is something which your company has to provide to the CIS. I don't know if they would need to attach the merger contract as evidence.

^^^^^^
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Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.

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My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

Thanks

You should read the filing instruction. If anything is not applicable then it should be either "None" or "N/A".

If you just leave it blank, how do they know if you forgot to fill that value or your don't have A#.

If you have an I140 approval notice this has the A# on it. Only the principal applicant has this number, all dependents will have an A# on the receipt notice for the I 485 since it is used for the fingerprint appointment. However, you are correct this is just left blank if you do not have one!

Thanks for the information.

Hi H1TechSlave,

I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.

The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.

How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.

Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".

Ghost
Nice to see that u did start a new thread for this..
I think we all should get together now and make sure 2011 will be a great year for all the immigrant community.

OF times of india.

Let us flood their office with phone calls asking them to stop publishing articles that dont make sense and put stuff up there that representative of both the side of the debate.

Does this brainiac know that how many businesses have shut down due to lack of unskilled low-wage workers especially in the argicultural businesses? Not that its our job to make arguments favoring illegals - we have our own problems to deal with - however this article is titled wrongly and not supported by facts.

I have never read timesofindia in last 2 years because of irritant 100 million pop ups of phonecards and airline tickets. The website just is basically not the same thing as print edition. The website looks like a tabloit coverpage.

--Jay.

:eek: I-140 application, page3, under paragraph Copies: "Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original".
:D

If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad:

You are right! 100% Why people who follow all the rules are always screwed up and the ones who doesn't the government ALWAYS cut them some slack!

It is like the CRI. I went thru the pain to work for YEARS on this GC and now people who got here illegally LAST YEAR will have GC and I still dont have mine (in the hipotetical case it ever passes, thanks God it didn't) It is not fair! what about all the money and time I spent to get here?

The people who does not follow the rules should go at least to the endo of the line!