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Member Profile: KabMilegaBaba (47 posts)

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Hello, I'm KabMilegaBaba (report this user)
I am from India
I last logged in on 29 Mar 2018
I have been a member since 04 Mar 2012
I have added 47 posts in trackitt forums
I added my last post on 09 Feb 2018
KabMilegaBaba's Immigration Cases
 
I-140 case: Approved in 595 days (420 days more than average)   (0 comments)
User: KabMilegaBaba Nationality: India
Applicant Type:primaryService Center:Nebraska
Category:EB2Priority Date:05 Aug 2011
Application Filed:05 Dec 2010USCIS Received Date:13 Jul 2012
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:yesRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:22 Jul 2012
Total Processing Time:595 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 03 May 2016 Last Updated: 03 May 2016
Notes:
KabMilegaBaba's Posts
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Posted in I-485 Forum on 09 Feb 2018
Topic: March 2018 VB Prediction

Good to know, thanks for the information.
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Posted in I-485 Forum on 08 Feb 2018
Topic: March 2018 VB Prediction

Can somebaody explain this to me, As per I-485 Employment-Based Inventory Statistics (PDF File - updated October 2017), The inventory for EB3-I is upto July 2007 but in the Visa Bulletin For February 2018 the Date of filing for EB3-I is 01JAN08, and i believe 01JAN08 was the date for Visa Bulletin For October 2017 too, then why I-485 Inventory not progressed till 31Dec07.
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Posted in I-140 Forum on 19 Sep 2017
Topic: How many times a priority date can be used for filing new i140

Following up on the same question -

My Employer A has applied PWD/PERM and applied i-140 under EB2 which got approved and has priority date “Somedate in 2011”

Now, the way this waiting period is never ending, i do not see getting GC near soon in EB2-I category.

Let's assume, EB3-I Date of Filing dates moves upto 2011 and crosses my PD - “Somedate in 2011” too, and EB2-I is still far behind. In this scenario i would like to jump to EB3 line, can my employer apply i-140 and i-485 together in Premium Processing WITHOUT applying PWD/PERM? Can my employer use the same PERM/PWD and just apply a new i-140 under EB3 using PD “Somedate in 2011”?

Please advise.
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Posted in I-140 Forum on 14 Sep 2017
Topic: How many times a priority date can be used for filing new i140

Great, I feel so relieved... Thank you so much!
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Posted in I-485 Forum on 12 Sep 2017
Topic: October VB is out

Now they moved the FD's for EB3-I to build the inventory, I am not sure how many are actually in line for EB3I, one person can hold multiple i-140's from both categories, how accurate this inventory could be...
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Posted in I-140 Forum on 06 Sep 2017
Topic: How many times a priority date can be used for filing new i140

I wanted to run this scenario –

I have approved i-140, priority date - “Somedate in 2011” from Employer A.

Employer A has applied PWD/PERM/i-140 under EB2 and there was a complication on first i-140 and it was denied, so Employer A re-applied i-140 with evidence and i-140 got approved under EB2 using same priority date - “Somedate in 2011” from same Employer A.

So it means that “Somedate in 2011” priority date is already used twice.

Question 1 - How many times same priority date can be ported/used for filing new i140 under EB2?

Question 2 -

Let's say there is a limit of porting/using/capturing 3 times of same priority date for 3 distinct i-140's. So, in my situation I have 1 more chance left to use the previously secured priority date. If there is NO limit then it’s good; otherwise the question follows ->

I have a new Employer B who would like to hire me and transfer my H1 and also apply GC.
Let’s say I join Employer B, then my current Employer A cannot cancel/withdraw my i-140 according to current rule and also Employer A does not have intention to cancel/withdraw. This means, if the priority date becomes current Employer A can apply i-485 and provide EVL even i am not on Employer A’s H1 at that time. And once i-485 is approved, i have to join Employer A back and to wait for 6 months before changing employer.

So, should I join Employer B, and when they apply for PWD/PERM/i-140, should I ask them to capture/port/use the secured existing priority date - “Somedate in 2011”? If so, this would be my last chance to use same priority date - “Somedate in 2011” for 3 distinct i-140. Is this correct, if in future I join Employer C, and they apply i-140, I CANNOT port/use my secured existing priority date - “Somedate in 2011”?
Or to avoid this situation, should i let the Employer B apply for PWD/PERM/i-140 that way I have new Priority date. And when priority date - “Somedate in 2011” from the Employer A i-140 becomes current, i ask my Employer B to file i-485 using the priority date - “Somedate in 2011” (This is possible i guess, read many blogs about it.). For this option main concern is if there is any limit to capture/port/use same priority date - “Somedate in 2011” more than 3 times? Because one person can have multiple i-140’s from multiple employers, in this case how it is possible to have more than 3 i-140 with same PD if there is a limit.

What should be the best thing to do?

Please advise.
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Posted in I-140 Forum on 29 Aug 2017
Topic: I-140 EAD approved by OMB

EMail from USCIS to my mail box plus OH Law Firm has confirmed as well.
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Posted in I-140 Forum on 25 Apr 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Did you give up your path to citizenship, ALREADY? or still banking on it.
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Posted in I-140 Forum on 21 Apr 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

That is why you have to submit "Birth Certificate" while applying 485 along with other papers, this is a very important piece of paper. Lots of application get RFE regd. same. Passport is not considered as alternative of "Birth Certificate" ...
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Posted in I-140 Forum on 21 Apr 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Priority date is based on the place of birth of the applicant (or spouse, if they're different and the queue for one is shorter than the other). Acquiring citizenship in another country doesn't affect it. That is what i know so far ...
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Posted in I-140 Forum on 21 Apr 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Lol, What are you talking? It depends on Country of Birth, not Current Nationality...
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Posted in I-140 Forum on 21 Mar 2017
Topic: I-140 EAD approved by OMB

If anyone knows or been into this situation - pls pls answer -

I am on my 8th year H1B, have valid i-140, PD of late 2010. I work for Company A and i got an Offer from Company B, Still thinking whether i should join Company B or Not. Company A is my only employer till date, have never changed my employer in my 8th year of H1B visa stay.

So, If i had to join Company B, i have to accept offer and ask them to start the Visa Transfer, and once the H1B Visa transfer is approved by USCIS, then i will put my papers to Company A and serve 2 weeks notice period and get on-boarded with Company B.

But, the question is - After my H1B visa has been already transferred to Company B. While i am serving my 2 weeks of notice period with current Company A, Company A makes me a counter offer and i want to stay with Company A now and i never join the Company B.

What happens in this case -

1. My H1B with company A will be remain valid, or it automatically cancelled, because the H1B already transferred?

2. Company B becomes the new sponsor?

3. If i have to stay with Company A, then i have to transfer my H1B back to Company A?

All these 3 questions has same parameter that i never joined/on-boarded Company B, only Transferred H1B.

Also, Anyone knows where i can check that my current H1B is with valid with which company/employer?

Because in case the answer of all above question i asked, is that I do not have to do anything, just stay with company A and do not join company B, and i will be fine.

I just want to confirm that i am still a legal and valid employee of Company A, otherwise i will find while my h1 extension which is 1.5 yrs from now that i was illegal all the time because Company A is no more my h1 sponsor because i have transferred h1 to company B and because i did not join Company B they cancelled the approved transferred H1. In this situation not only me but my employer also will be in trouble to hire an illegal, LOL.

Pls advise.
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Posted in I-140 Forum on 03 Jan 2017
Topic: I-140 EAD approved by OMB

The only advantage of NIW is one can self petition without job offer and there is no need for PERM. So you skip one step in the process. There is no other change compared to EB2 regular petition. But, What is the point when I-485 priority date is stuck in 2008 for EB2 India because EB2-NIW follow the same process of Priority Date. NIW does not have a special queue for PD.
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Posted in I-140 Forum on 28 Dec 2016
Topic: AMIETE +PGDIT+DOEACC A LEVEL Am I eligible for Eb2

Even before your employer applies for EB2, i would suggest that you personally evaluate your education from "AACRAO Edge", It seems that USCIS use services of AACRAO Edge database for education evaluation. So, before they deny your application on basis of Education, you will know atleast beforehand rather than waiting and getting heart broken at the end.

If you clear the ACCRAO Edge evaluation i believe you are god to go. its just $150 expense but total worth.

No legal counselling here, just a thought.
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Posted in I-140 Forum on 25 Oct 2016
Topic: I-140 EAD approved by OMB

Agreed! Why people make such a big deal about Stamping. I do not work for big company. I work for Small Firm and work for their client. I been to stamping twice in my 7 years of USA and every time i went, process went very very smooth, max for 5 mins and my approvals are for 3 years too.

All you need a genuine company and paperwork. If you are so worried being so shady (working for shady company) then there are consequences.

EAD is what i need, in case i want to switch employer.

EAD is the NEW GC.
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Posted in I-140 Forum on 25 Oct 2016
Topic: I-140 EAD approved by OMB

Good Find...
So do you have any estimate when OMB will approve and publish in Fed register, like 2 weeks ?
May be we can compare the Approval rate of H4EAD in this case.
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Posted in I-140 Forum on 24 Oct 2016
Topic: I-140 EAD approved by OMB

No, It is in "Final Stage" in reginfo as well since May.
I tracked my post regarding this Change. I was expecting the rule to be published in May itself because date was mentioned as 05/00/2016. Let's See.
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Posted in I-485 Forum on 19 Oct 2016
Topic: OCI in lieu for PIO card holders and if anyone has experience

Just wanted to check if anyone has experienced similar kind of situation.

My daughter is a US citizen and has a USA passport. She has a PIO card and has date of expiry of Jun 06th 2027.
Her earlier passport expired and she got a new US passport. In the PIO card, the earlier US passport number is mentioned.

We are planning to visit India next month on November 4th. Our Port of Entry will be Kolkata.

I applied for PIO to OCI conversion back in June 2016. It’s been almost 4 months and I have not received the OCI card yet.

My question and concern is that if in case OCI Card doesn't arrive before our travel which is on Nov 4th, 2016, what are her options to travel to India?

1. Can she travel with Existing PIO with her new passport unendorsed along with Old Passport. I will also carry the Payment Receipt of OCI Card Application.
2. Or She has to apply for Indian Visa?
3. Or Is there any option for “Entry Visa upon Arrival” for US citizen? Her stay is in India will be only for 3 weeks.

I have seen many posts on the internet saying that it is OK to travel, if new passport number is not endorsed on PIO Card, if that person carries New and Old passports both, along with current PIO card and proof of OCI card application (Payment Receipt).
Is there a link to a Indian Government website stating the same? Is this rule still true in her case?
I want to back this fact with some written or recorded manner in case needed.

Please let me know, if anyone has any experience.
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Posted in I-140 Forum on 04 Oct 2016
Topic: Obama EO: EAD for approved I 140

Got response on my email from WH because i have signed this petition. "No Respite for Highly-skilled Americans-in-Waiting. Need Portable Work Authorization & Recapture 500K Green Cards" . Please check yours.

This paragraph from the response looks interesting though -

"In December, the Department of Homeland Security (DHS) proposed a rule that would help enable American companies hire and retain people waiting to become lawful permanent residents, while providing those workers stability and job flexibility. These proposed reforms would help those employees further their careers by accepting promotions, changing positions or employers, and pursuing other employment opportunities. DHS is currently reviewing the approximately 28,000 public comments it received, and is drafting a final rule in response to those comments."

New Guidance PDF they mentioned in email below is the link -
https://www.uscis.gov/sites/default/files/USCIS/...


Any Thoughts??
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Posted in I-140 Forum on 12 Aug 2016
Topic: I-140 EAD approved by OMB

What is this?

https://www.federalregister.gov/articles/2016/07...

I-29 Application is H1B application (Fresh or Renew), and this Rule is asking for Comments and ending on 9/19.
Why it is tied with the comments from RIN: 1615-AC05.

Any idea where we can get the Updated Text for the Form or New form, Until we know what is proposed to change how can we comment. I see 201 people comment and i do not know what basis?

Please share as much as you can.
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