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  • ur current I797 should be the latest one for 2010.....since u got ur VISA stamped based on that....why would the POE officer not look at that but look at a previous I797....

    How can u get VISA stamped on passpoer for 2010 if u do not have a I797 until 2010..its confusing to me. OR am I missing something.

    I got my stamping till 2010 based on my I-140. I did that to save another visit to embassy when I go out of country and its costing me dearly. The visa stamp clearly mentions the effective dates from both 797s. So the officer asked for both 797s and stamped the end date from the current one. As he sounded positive that I can update it at my local USCIS, I didn't persuade him much. Maybe I should've done that!!!

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  • They are going in the opposite direction, looks like our efforts have angered them more than anything else.

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  • this is mainly due to July VISA Bulletin fiasco and thousands were allowed to apply for their I-485, due to USCIS/DOL July 2007 VB.

    one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.

    All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.

    Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.

    NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.

    We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.

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  • Chandu is one of the active folks/volunteers who is helping us more that we are helping ourselves... His push and constant nagging are coming as +ve reminder who couldn't send letter due to hectic schedule or are still Procrastinating ( there is a huge chunk of people like this ) . At the same time there are a certain gang of folks who will never send letter , never support anything - just eat the fruit of other's labor and be proud and happy !!!

    My personal request to Chandu would be - Pls continue the push and nag but keep it above the beltline. Let's not create 5 threads but do the push 5 times in 1 thread.

    I'm a supporter of Chandu and other IV folks like Chandu - so dont take me wrong.

    Thanks for the encouraging words :) I promise, not more than 5 threads :) Come on folks lets have atleast 5 threads.

    I have not been very active on this campaign because of a personal situation but want to do what I can.

    At times, people just need a push. When they see 5 therads with bold topics, they do feel the push otherwise - people just carry on with hectic schedules and forget to do it even though they intended to do it.

    Like a member "crystal" said sometime back "even eagles need a push to let them know that they can fly" .

    I am stopping with these, but it would be great if members take it up from here.

    IV is for everyone and we want everyone to participate.

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  • I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.

    You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:

    "1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).

    2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."

    I know that their first point is all "BS" going to fight this with my Manager. But, the second point am not sure.

    Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.

    Thanks to you all in advance

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  • You mean to say CIR will be introduced to the immigration or judiciary senate committee or introduce directly to the senate. If it is introduced directly to the senate floor that will save a lot of time, on the flip side it will become difficult to add or change provisions if it is directly introduced to the senate bypassing the senate judiciary and immigration committee

    Bills almost never go to the floor directly. Especially something as huge as CIR. It will go thru committee again and it will go thru normal rounds of debate and amendments between the 18 people in Judiciary committee.

    Its very unusual for a bill to hit the floor directly without going thru the committee that has jurisdiction over it. If it happens all the time, then the committees would be meaningless. The whole point of having a committee is to be able to either kill the entire bill, or a congressional appointment before such a bill / confirmation is debated by all 100 senators. Same thing in the House.

    If it was possible to bypass committees, then people would have floored the SKIL or other bills directly on the floor of the house, therby bypassing Jim Sensenbrenner and his Judiciary committee last year.

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  • If one gets a US Masters, the 3 year undergrad is not a problem if you go for EB2 based on Masters.

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  • It could take anywhere from a few days to a couple of weeks. For me - it was around 2.5 weeks from the time the status changed to "we received your response....". Plus with the Thanksgiving break - it might take a bit longer. The best thing to do here is just not to worry about it and just wait...since its no longer in your hands.

    Good luck...

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  • Friends, my question was timing of porting priority date, to put the question in one line as below,

    Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.


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  • I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.

    If people waiting to file 485 & keep in mind there are quite a lot , get to file 485 then we will have much more people who aspire to get final GC which in turn means greater force working towards a common goal, so it may also turn out to be good for people who have already filed 485.

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  • Carl Shusterman says that State Department's Charles Oppenheimer indicating that there will big advances for EB2 China & India. Hopefully it is true

    Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (

    What happened to the big advances?

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  • Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china

    if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?

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  • We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-

    You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.

    Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.


    Does this mean that with AC-21, I can just switch jobs (provided it is similar), and that my PD etc remains the same and that I don't have to do my labor and I-140 again? My I-485 has been filed for more than a year now (my 140 is also approved), and while I would like to change my job, I don't want to do the whole thing again.

    Your response will be HIGHLY appreciated, bcuz you seem to know this stuff well.


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  • Not sure why you guys still use the paper filing route rather than e-filing. Then you wouldnt be wondering about check cashing etc etc. I have e-filed for both AP and EAD for the last 3 years. Last time my wife's e-filed EAD came in less than 4 weeks.

    Wake up people .... E-filing is better than paper filing !!!

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  • Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.

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  • I have my I-140 approved from previous employer , and my labor for the current employer is stuck at BEC center. Can i get a three year extension on my H1b ? OR the I-140 has to be from the current employer?


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  • The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.

    Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".

    It is hard to trust these corporate lawyers.
    I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.

    maybe safer to go with your lawyer on this one :-)

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  • I got my AOS receipts on Aug 17 th. Would all applicants get fingerprinting notice or only those whose priority date is current?

    Any experts comment please.

    I have an option of having 2 employers at same time .because i work only 2 weeks in a month .i can have an other employer for other 2 weeks in a month .Even if i work 12 days each for both employes they are OK .and both are willing to help me .I just need advise for best option .attorny probbaly wats to file MTR after receiving notice .

    But were you carrying your H1B or EAD/ AP with you all the time....?

    Per law, all H1B papers (atleast LCA) should be kept where non-immigrants work. There is no clear law for non-immigrants to hold passport/visa/EAD always with them. They recommend always to keep with you. Further, consulates( when they issue visa), won't give any specific instruction to non-immigrants to carry passport/visa always with them. However, for immigrants (LPR) it is very clear that one MUST hold orginal GC always with them. It is rule/law. The welcome notice clearly shows. Although, many dont practice, it is still a rule. I heared a story when a guy pulled off he got big trouble, when he claimed he is a LPR; and does not carry the GC.

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