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  #4876 (permalink)  
Old 01-19-2012, 03:43 PM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
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Join Date: Apr 2007
Posts: 1,765
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Default

Quote:
Originally Posted by dhiru View Post
I got my green card in July and had to send them back on Aug 8th because of a typo. I filed I-90 on Aug 8th, 2011 and havent heard anything back.
Hope things get resolved quickly for you buddy. Anyways welcome back to our forums and hope you continue to support us during our fight to get the 3012 bill passed.
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  #4877 (permalink)  
Old 01-19-2012, 05:00 PM
Donor
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/08/2007
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Join Date: Jun 2007
Posts: 31
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Default

One more year for EB-2 I/C in march bullettin.

Check this link
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  #4878 (permalink)  
Old 01-19-2012, 06:01 PM
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Thumbs up Action items

Its for Everyone one and only start to fix the system ...

Quote:
Originally Posted by thomachan72 View Post
... continue to support us during our fight to get the 3012 bill passed.
Action item: HR 3012: Week of 01/16/2012 - Immigration Voice (Action item: HR 3012: April 2012)

People attorneys and others but now need to stand up for the cause
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Proud contributor, active in all Action Items
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  #4879 (permalink)  
Old 01-19-2012, 07:05 PM
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Default I 140 Interest in Successor filling

Hi Gurus

Please help me on the following issue

My I 140 is approved 2 years back.My 1 485 is filed now.But my lawyer said they are filling I 140 Interest in Successor as my company name changed. How this effects my previously approved i 140.In case if company laid off before or after 180 daysof i 485 received date if still i 140 interest successor is not approved will it affect my AC 21 portabilty ?
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  #4880 (permalink)  
Old 01-20-2012, 08:38 AM
Junior Member
Priority Date
:
Nov-10
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
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:
I-140
I485 Mailed Date
:
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Posts: 15
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Default

Hi Ramasubbareddy

I dont want to put a negative picture but one of my friend had the same exp he applied for 485 during 2007 and as the company got acquired by another company the lawyer filed for his new I140 and he got stuck there his 140 didnt get approved until 2010, he contacted everybody including senator , gov ,congressman , USCIS etc but no luck for him. And later he also came to know that company didnt have to file for I140 again and they didn't do for anybody else may be they realized after filing for him
Not implying that it could happen to your case but just sharing a story. See if you can avoid or put premium processing so that u know whats going on
Good luck
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  #4881 (permalink)  
Old 01-20-2012, 09:52 AM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
Compare
Join Date: Apr 2007
Posts: 1,765
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Default

Quote:
Originally Posted by ajaybhardwaj228 View Post
Hi Ramasubbareddy

I dont want to put a negative picture but one of my friend had the same exp he applied for 485 during 2007 and as the company got acquired by another company the lawyer filed for his new I140 and he got stuck there his 140 didnt get approved until 2010, he contacted everybody including senator , gov ,congressman , USCIS etc but no luck for him. And later he also came to know that company didnt have to file for I140 again and they didn't do for anybody else may be they realized after filing for him
Not implying that it could happen to your case but just sharing a story. See if you can avoid or put premium processing so that u know whats going on
Good luck
ajay/ramasub, I beleive after reading a lot about this in various forums that if your 485 has been pending for >180 days then you Dont have to file a new 140 or amendment. However, if you have just recently filed a 485 and the comp gets aquired then (as per discussion/forums) you are required to file a 140 successor in interest amendment which ofcourse will be treated similar to any 140 and will take the reqular processing time (currently 2-3 months). Use the IV ask an attorney (if there is one in the near future) about this and also if you are consulting other attorneys post back here what they had to say. Meanwhile lets hope, pray and support IVs 3012 which is our best hope.
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  #4882 (permalink)  
Old 01-20-2012, 10:40 AM
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Default

Quote:
Originally Posted by thomachan72 View Post
ajay/ramasub, I beleive after reading a lot about this in various forums that if your 485 has been pending for >180 days then you Dont have to file a new 140 or amendment. However, if you have just recently filed a 485 and the comp gets aquired then (as per discussion/forums) you are required to file a 140 successor in interest amendment which ofcourse will be treated similar to any 140 and will take the reqular processing time (currently 2-3 months). Use the IV ask an attorney (if there is one in the near future) about this and also if you are consulting other attorneys post back here what they had to say. Meanwhile lets hope, pray and support IVs 3012 which is our best hope.
My question is if i -140 successor in interest amendment applied then if it is not approved for some time say for 6 - 8 months then if we get laid off will it be a problem to file AC21 as alreday i had approved i - 140
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  #4883 (permalink)  
Old 01-20-2012, 11:09 AM
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Default AOS Approval

Did you anyone form Nov 2011 filers get i485 approval?
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  #4884 (permalink)  
Old 01-20-2012, 12:49 PM
Junior Member
Priority Date
:
Mar-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/16/2011
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Join Date: Jun 2011
Posts: 13
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Default OCT i-485

has anyone from OCT get approvals for i-485

Quote:
Originally Posted by skumaravelan View Post
Did you anyone form Nov 2011 filers get i485 approval?
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  #4885 (permalink)  
Old 01-20-2012, 02:11 PM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
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Join Date: Apr 2007
Posts: 1,765
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Default

Quote:
Originally Posted by ramasubbareddy View Post
My question is if i -140 successor in interest amendment applied then if it is not approved for some time say for 6 - 8 months then if we get laid off will it be a problem to file AC21 as alreday i had approved i - 140
The moment you file an amendment the old one should become invalid. You are clearly stating in the amendment request that the company does not exist anymore. So if God forbid your amendment is denied and you get laid off who will file a mtr or apeal the denial? the situation would be similar to a 140 denial/revoking which esentially takes you off the adj status applicant catagory. I think that might screw your whole process. Again just a personal opinion not at all a guru in this matter.
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  #4886 (permalink)  
Old 01-20-2012, 02:22 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
05/09/2008
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:
India
Processing Stage
:
I-140
I485 Mailed Date
:
12/01/2011
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Default

Quote:
Originally Posted by madhekar View Post
has anyone from OCT get approvals for i-485
other website shows one user..
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  #4887 (permalink)  
Old 01-22-2012, 01:14 AM
Junior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/02/2011
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Posts: 9
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Default 2 PERM's

I have the following situation. Please advise.
1st Perm EB2 (Team Leader) Oct 2007 (went through 2 Audits and then denied, then appealed)
2nd Perm EB2 (Project Leader) May 2010 (filed parallely with Perm 1 being appealed)
1st Perm Approved
2nd Perm Denied
Lawyers say that denial was on employment and hence appeal and tell me no impact on my Perm 1
Meanwhile I get current file 485, get EAD/AP
After 1 and a half years, DOS sends a RFE on Perm 2 which was appealed
Lawyer is saying we should not withdraw as both positions are similar and should reply to the audit and will not have impact on my Perm 1 which is approved/certified

Please suggest if withdrwal is a better / safer option or appeal on Perm 2 will have no impact on Perm 1 and hence is also safe?
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  #4888 (permalink)  
Old 01-22-2012, 03:12 AM
Senior Member
Priority Date
:
May-09
Category
:
EB2
I140 Mailed Date
:
05/11/2010
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:
India
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:
I-485
I485 Mailed Date
:
02/15/2012
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Default Go to another lawyer

Honestly in your situation, no one here can confidently say one way or the other. If you want to cross validate your lawyer, it's best to pay for one hour consultation with a reputed immigration lawyer.

In my personal opinion I think withdrawal is safe. One company can have several similar positions, even same positions, and PERM is essentially a test of labor market. So if the employer withdraws one PERM application, it cannot mean that he is withdrawing all similar PERMS he ever filed, or that it somehow invalidates all similar previous PERM applications. How trustworthy is your lawyer? Could he be getting financial benefit from pursuing PERM2?
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  #4889 (permalink)  
Old 01-22-2012, 04:40 AM
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Aug-02
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Default Finger Prints - Question

My PD is Aug 2002 in EB3. I am hoping that I will become current soon in the coming months. I had a question on Finger Prints, I submitted my finger prints back in 2007, it has been 5 years now.

Do you think they are expired now? Is it a given that they will ask for a new set of finger prints now when the date becomes current? I travel a lot for work and have the liberty to arrange my own travel, so just wondering if I need to start thinking about it.
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  #4890 (permalink)  
Old 01-23-2012, 11:26 AM
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:
Jul-07
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:
EB2
I140 Mailed Date
:
10/15/2007
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I-485
I485 Mailed Date
:
11/01/2011
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Default

TREND
Following is a compare of the EB2 row and EB1 trend so far. The month of Jan is still in progress so the overall 2012 tally will be higher finally. All data is for primary approved cases from Oct Jan for the respective years.
EB1 (A+B+C)
2011 - 17+21+23 = 61
2012 - 23+42+92 = 157

The number of EB1C approvals is almost at 4 times of last year. While EB1A is at the same level EB1B vases are also double now this may indicate that the impact of the Kazarian memo is now receding. Most EB1C cases will use up more visas as these folks are less likely to have us born kids as a lot of them will be in the age group 35-40 when they would have filed I140 & I485. Most of EB1C is from India so the data should not be taken at absolute face value. The trend correlates well with high I140 approvals just prior to the start of FY 2012.
EB2 ROW
2011 - 108
2012 158

EB2 row is still underperforming but has picked up from the 50% line; row has a tendency to pick up later in the year. Partly this may have been due to the prevailing wage stoppage.
For now it appears that the 12K SOFAD that we got from EB1 will most likely not be available this year. EB2 ROW will hopefully compensate some of the loss. Also the Oct filers / Nov filers (Very Few) approvals for EB2 I/C have slowed down they have not been all inclusive either for Oct filers, normally when numbers are available in good supply everyone gets approved.
This maybe just my theory, I believe that CO allocated the entire 5.6K India / China annual cap in Oct itself in the month of Oct QSP quantity / volume cannot be judged. The rest of the approvals which is easily 12K including porting have come by quarterly spillover. This way CO is in fact ahead of QSP at this point and a very significant portion of the SOFAD has been used.
Good luck to everyone for the next VB which might go either way. Demand destruction is a factor for the new intake however this year since the wiggle room offered by the SOFAD left is not very much it will not significantly impact the approval line. For example an OR of .8 as opposed to 1 just causes a difference of ~ 2K numbers assuming that SOFAD will be 22K and 12K is consumed so 10K is left.
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