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  • sk2006
    06-12 12:17 PM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).

    I think your company have to let you go and hire the avaiable US citizen.
    You shall have to find another job.

    This is always the risk when PERM is filed.
    When mine was filed, I kept my fingures crossed. My manager used to call and interview applicants every day. I was lucky that not many people with required skill sets applied.




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  • samsu
    03-22 08:31 AM
    Hi,

    My Situation is very similar to above mentioned and I would appreciate if someone can give comments.

    My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
    Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.

    I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.

    Also, my old employer will most likely not revoke 140.

    Thanks,
    Sam




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  • paskal
    07-29 01:17 PM
    good joke too
    will try redress your reputation...




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  • ca_immigrant
    05-10 11:40 AM
    I use SBI and it is good. My Vote is for SBI .


    SBI - Global Link Services (http://remit.onlinesbi.com/)

    I too vote SBI.....do not use ICICI...

    I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....

    (sorry to go off topic)
    BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
    so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)

    =http://www.globalresearch.ca/index.php?context=va&aid=10489



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  • Saralayar
    05-19 01:57 PM
    Bullcrap....EB3 will become "U" in next one.

    Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.
    Including you I think....;)




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  • msingh
    06-12 09:06 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).



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  • Imigrait
    09-07 02:15 PM
    ok........ After thinking about it for a while, I think I have the answer now.

    What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.




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  • sabr
    09-18 04:44 PM
    But if I get out of US and get back with H1b stamping will then I can start again with my current company as H1b while I wil work with EAD for another company full time?



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  • NKR
    03-17 01:02 PM
    I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.

    Good Luck!!

    I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.




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  • texcan
    08-01 05:54 PM
    Count me in guys.



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  • seetheavatar
    10-15 03:33 PM
    Don't worry guys.If you have received a mail saying that your GC is posted and if it is more than 30 days you can contact the customer service and create a service request.
    You will get your card within 30 days.

    If it was sent to a different address it would be returned to USCIS and you will be getting a mail saying that your GC was returned.
    For this case also you have to create a service request and you will get your card within 30 days.




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  • seeking_GC
    07-19 03:35 PM
    Thanks for ur reply..anyone else has any input on this??



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  • LookingForGC
    02-01 03:46 PM
    Congratulation Mr. You experience is always needed here, please stay in touch here.

    Good luck!




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  • vin13
    09-30 10:34 AM
    I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.

    Is ur case in NSC too.



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  • obelix
    03-02 11:38 AM
    Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.

    Filing six months in advance seems to be a better idea.

    Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.




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  • TeddyKoochu
    01-06 03:41 PM
    Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.

    Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that

    "Evidence that the alien has judged the work of others, either individually or on a panel;"

    This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.

    The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.

    Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).

    In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.

    Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.



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  • smuggymba
    03-09 02:36 PM
    I guess u need to have an approved labor in EB2 to even think about it. You can't port because you dont have an approved EB2 labor.

    which moron gave a red for this post? What is wrong abt this post?




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  • nrk
    02-02 01:04 PM
    Congrats.... :)

    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks




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  • drona
    08-31 12:47 AM
    Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!




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    smartboy75
    05-01 01:11 PM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .
    Hey Vikramaditya

    Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.

    But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.

    Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.

    All the best.



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