
for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
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srox
03-04 07:26 PM
Pls add mine :).tq
leoindiano
07-12 10:04 AM
DOS chief is a puppet for republican government. He is neck deep on the attorney's firing case.
They thought they can keep us quite by opening gates. Then CIR died. Then they closed the gates.
They thought they can keep us quite by opening gates. Then CIR died. Then they closed the gates.
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dingudi
06-08 11:16 PM
Hi Dingudi,
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
I understand your problem. All I was saying is to make sure any response you provide includes that your work during 1999-2000 was legal as per F1 on-campus regulations. And I hope the attorney you hire should be able to do that. If you do not have Tax returns , then you don't. Like someone said earlier , your W2 along with IRS letter that they do not keep records older than 7 years maybe enough but again your attorney should make this decision wisely.
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
I understand your problem. All I was saying is to make sure any response you provide includes that your work during 1999-2000 was legal as per F1 on-campus regulations. And I hope the attorney you hire should be able to do that. If you do not have Tax returns , then you don't. Like someone said earlier , your W2 along with IRS letter that they do not keep records older than 7 years maybe enough but again your attorney should make this decision wisely.
more...

ItIsNotFunny
06-11 12:45 PM
You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.
I appreciate Pappu's maturity to tackle the issue and his explanation.
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.
I appreciate Pappu's maturity to tackle the issue and his explanation.

Googler
02-17 07:52 PM
See more discussion here (http://immigrationvoice.org/forum/showpost.php?p=224161&postcount=211).
more...

whoever
01-31 02:46 PM
how can one get copy of i140? does it not belong to the company?
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shan74
01-15 10:24 PM
Hi Bhanupriya,
Couple of questions:
Did you directly requested 140 and labor documents in the form, or what was ur statement to request the documents.
Also what are the documents u need to send along with the G639 form. Also if you can mention what to fill in each section that will be of great help.
thanks
Couple of questions:
Did you directly requested 140 and labor documents in the form, or what was ur statement to request the documents.
Also what are the documents u need to send along with the G639 form. Also if you can mention what to fill in each section that will be of great help.
thanks
more...

slc_ut
05-28 05:31 PM
I am planning to take visa appointment in Chennai consulate for my 8th year H-1B extension and my wife's H-4. When i checked the vfs website yesterday, dates were open for last week of Sep'2006. Today it is already showing only dates in Nov'2006 as open dates. Howcome Oct'2006 dates never showed up. Were the appointments finished that fast for Oct'2006 ? Any other members who observed this, please post your thoughts.
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nixstor
08-23 11:01 AM
pani_6,
While I am with you on the outburst, I want to underscore that GC is not a panacea for all problems in life. C mon, There is more to life than GC. Yes, your Masters Degree will pay you in the long run. No need to worry about it. Keep the GC thing on the back burner and see what you can do meanwhile (PMP,GMAT etc..)
While I am with you on the outburst, I want to underscore that GC is not a panacea for all problems in life. C mon, There is more to life than GC. Yes, your Masters Degree will pay you in the long run. No need to worry about it. Keep the GC thing on the back burner and see what you can do meanwhile (PMP,GMAT etc..)
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Dalai Lama
02-23 02:07 PM
What kind of RFE? what they can ask.
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ksircar
06-11 11:55 AM
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don’t be ignorant and its your right to ask the question don’t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:
You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.
I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:
You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.
more...
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radhagd
03-09 04:01 PM
There is no premium processing for Labour. but you can premium process your I140 and file I485 together since your dates are current. The reason why I suggested Consular processing is because it will be much faster like within 6 months you will get GC.
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marlon2006
06-13 03:22 PM
Hey Renata,
It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.
Since my wife couldn't work, we had a baby back then.
Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.
Since my wife couldn't work, we had a baby back then.
Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
more...
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pbojja
05-22 11:22 AM
I totally agree, but as if there isnt a backlog at I-140 right now!! its been more than an year since I filed my I-140 ..I see a couple of LUDs but no approval in sight!
Does anyone else have the same story? I-140 pending for 12+ months now(transfered from NSC to TSC last month).
I applied my 140 on July 05 07 and still waiting , transfered to TSC last month . I guess the transfer cases box is the last one , so I guess our approvals are not insight , I beleive CIS is working on 485 cases who are current ..thats why I m all in for this rule
Does anyone else have the same story? I-140 pending for 12+ months now(transfered from NSC to TSC last month).
I applied my 140 on July 05 07 and still waiting , transfered to TSC last month . I guess the transfer cases box is the last one , so I guess our approvals are not insight , I beleive CIS is working on 485 cases who are current ..thats why I m all in for this rule
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serg
04-06 11:18 PM
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)
they still have a cloture motion vote tomorrow morning, so we'll see.
Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)
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gc_chahiye
06-08 12:06 AM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.
If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.
no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.
If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.
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moonlight
06-20 12:54 PM
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
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naresh515
09-24 01:22 PM
Hi All,
Is there anyone planning to get H1-B/any visa stamping in Matamoras, Mexico in the next couple months? (I'm from dallas)
Is there anyone who already went for stamping in matamoras recently....
Please share your thoughts...
I'm planning to get my H1-B renewal stamping next month...
Thanks for all your replies in advance!!!
Thanks,
Raghu.
Is there anyone planning to get H1-B/any visa stamping in Matamoras, Mexico in the next couple months? (I'm from dallas)
Is there anyone who already went for stamping in matamoras recently....
Please share your thoughts...
I'm planning to get my H1-B renewal stamping next month...
Thanks for all your replies in advance!!!
Thanks,
Raghu.
uma001
08-18 05:19 PM
Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4
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05-12 01:02 PM
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