Friday, June 24, 2011

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  • kondur_007
    03-25 08:31 PM
    Got some answers for you (they are in red below).

    good luck.

    My case details below:
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 � shows 57,000$/yr
    2006 W2 � shows 50,000$/yr
    2007 W2 � shows 58,000$/yr
    2008 W2 � shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
    I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.


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  • DSLStart
    09-19 02:53 PM
    It takes some time for VFS to receive passport from embassy. Sometimes 3/4 days.
    But didn't you ask her if you were granted visa or not? If they retained your passport thats tell that visa is issued. Also keep tracking via SMS, that seems to be more accurate. Keep us posted here. Good luck.

    i had interview at mumbai consulate on friday morning 9.30.

    EVERYONE please take time to read and reply...

    the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
    she asked me the name of company, my job title etc..i replied ...
    and then she asked me for my old passport and wrote CWOP on expired visa.....
    she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."

    here is the deal...she did not gave me any slip or anything and said we can go now.....


    will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?

    expert any advise?
    i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?

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  • amoljak
    03-24 03:32 PM
    Here is an example of how they twist the facts.

    A 4th grader (not from the US) can point out that this graph is not to the scale and incorrect.

    We should collect their responses to questions and may be setup a site called to post them and point out the fallacies

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  • va_dude
    07-20 06:08 PM
    Let us know what you find out from your subsequent calls or infopass appointments.


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  • deepimpact
    09-17 11:35 PM
    do we know how much it is for this year?
    For FY2010 it was ~ 10K and it was mentioned some time back on USCIS website that the spillover for FY2011 may be similar. But I guess we won't know until an official announcement is made.

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  • wandmaker
    08-10 11:38 PM
    Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
    1. how likely due to change of address, my I-485 processing will be affected and got delayed?
    2. how likely I will get a REF due to change of address?
    3. Is it better to make an effort to keep the old address?


    Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.


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  • rbalaji5
    02-09 04:12 PM
    Hi Bojja,

    Do I need a canadian visa to go to Canada.?.


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  • new2perm
    05-28 06:33 PM
    I am a July 2007 filer and he expects an RFE for employment verification on my case.


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  • snathan
    02-11 11:45 AM
    applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
    Also if above is true and you are not working for H1 employer then you are probably out of status......

    Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.

    Otherwise is there any source for this claim

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  • varadan73
    12-12 01:00 PM
    What if i leave it just like that?


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  • ndialani
    11-21 04:31 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?


    I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
    We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
    You just walk across the border. No questions asked. Get a cab, they all know it!!!!
    i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
    Get the draft and walk back there. you will be required to show your passport at the bank too.
    If you are in a group or couple of you. One can stand in the line and other can to to the bank.
    Sprint phone works well over there at the border.
    If you have an I phone.....o'well!!!
    If your case is straight should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
    If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
    We did not take any permit or visa as it is within 20 mile distance.
    On over way back , we got a new I-94 at homeland security office. It is very important.
    any questions....feel free to PM me.
    Good Luck!!!

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  • GCard_Dream
    04-05 03:29 PM
    I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.

    I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:

    * transfer H1B - 1 month
    * New labor - 3 month (max)
    * I-140 - 1 month (premium)

    So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.

    1. Is the timeframe I am thinking realistic?
    2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
    3. What could be the greatest risk in transferring companies at this stage?

    Thanks in advance for your help.


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  • webm
    04-08 11:54 AM
    webm: what is the status of your application ( 485), is your NC, SC or fingurprints all clear. Did you speak to any IO about any update on your case as your PD is current ( 01 Oct).

    No i didn't speak to any IO..but FP cleared means the one we go for fingure printing isn't it??

    My PD is not current yet..just missed with one day lag..

    Cutoff date Oct'01 means they can/will only process apps whose PD's falls On/before Sep31st..

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  • GCNirvana007
    10-08 05:20 PM
    GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.

    Recent H1-B company B has nothing to do with GC.

    Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.

    Now u r saying something about company C running ur payroll.

    Mr.Smuggy - Easy buddy. Relax.

    I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?


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  • sagar_nyc
    08-10 04:51 PM
    WOW Man It's Awesome news .. Congratulations

    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

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  • Dhundhun
    11-21 09:19 PM
    You give all of them (stapled together preferably). Make copies of all of them and keep for future.

    Maverick1, Thanks for correction.


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  • walking_dude
    03-03 05:23 PM
    Google checkout option has been discontinued due to logistics issues. One time contributions can still be made through PayPal (as before) or by mailing checks of IVs P.O. box in CA.

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  • ameryki
    05-23 04:41 PM
    You were right in saying that DS 156 & DS 157 is no longer required. Here is the link
    General Information- Consulate General of the United States Mumbai, India (

    BTW what is this PIMS thing? Do I have to do anything regarding PIMS before taking the apoointment for VISA interview or before/during the actual interview?

    Don't think you can do anything about PIMS its a hit or miss. i got my visa renewed 7th year in Feb a few weeks before DS 160 came in to play. It was fairly smooth infact I felt they were much more organized this time then in the past years. If I recall my appointment was for 9:15 am I reached outside the consulate at 9.00am. They had us and the groups that I can't recall the term but indian co's that had groups of their peeps attending visa interviews in separate lines. Have your passport, original 797 and fee receipt together while waiting and from then on the usual. I have never seen or used the Strips Lounge but then I am a local too so comfort level with that. Good Luck.

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  • gctoget
    10-02 07:24 PM
    Sorry, Socal IV members. I ahve been busy from ast few weeks and not been able to actively participate in SoCal IV Activities. This meeting must be a good brainstorming seesion for all new IV members!
    Cheers IV!!!

    May 20th, 2007, 02:44 PM
    ok you found the sensor i believe but you must know there are only a couple of recomended ways of cleaning that sensor. one is to blow the dirt out with a bulb blower. the safest way obviously as nothing but air comes in contact with the sensor. i recomend you do this before trying any other means of cleaning first. when that fails i would then use one of the other more invasive methods one of which involves cleaning pads made of a very soft non abrasive material. and a special cleaning solution called eclipse that has almost no impurities in the fluid designed to give a streak free finish when done. some photographers have absolutely no problem doing this after a couple of times and if you are one of them more power too ya i however opt for the safest method taking my camera to a camera shop and paying 85 bucks to have them do it for me

    01-15 11:00 PM
    Any body else from Alabama? Please sign up here if you are from alabama. Lets start our state chapter activities. I am willing to take the lead to start the activities. So all you alabama residents please sign up.
    Thanks Harsh.

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