Thursday, July 21, 2011

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  • jsb
    11-14 12:11 PM
    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?

    With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.

    Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.

    Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.





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  • need_EAD
    05-18 02:56 PM
    Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!

    She was a weekly columnist for Express Computer on immigration topics.

    nnair@nair-law.com
    www.nairlaw.com





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  • bmoni
    03-30 10:53 PM
    Congratulations





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  • pmamp
    11-03 02:12 PM
    I know approval for extension vastly depends on the justification or reason for extended stay. As said here... taking care of grand kids is not one of the favorable reason. That seem to tick IO off. So, just keep in mind this issue while you apply for her extension.



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  • solaris27
    08-15 08:58 AM
    Q. How soon can I leave my petitioning employer once I get my green card approval?

    A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

    But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

    There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


    FREQUENTLY ASKED QUESTIONS
    ----------------------------------------------
    Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
    This is the whole scenario, now considering it, Am I still at risk?

    A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

    Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
    Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

    A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.





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  • nandakumar
    01-18 02:35 AM
    This is an wonderful opportunity to help your self.

    Please participate and show your support.



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  • Sp�rL
    04-23 11:00 AM
    Wow top marks on the help there Templarian.
    i got the SDL library etc now, and im on my way to getting started :P
    w00t!!!
    this pixel drawing is a bit crazy though lol.





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  • nshah1968
    05-17 10:18 AM
    Hello guy03062,

    my attorney charged me and some other in my office $1000 for H1b also they did our PERM LC and I-140 also and all was approved witout any query, you can try to reach them here:

    please mail me directly and I will reply with there details



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  • forever_waiting
    03-07 12:33 PM
    I fail to see how your questions have any relevance to this effort but anyway, below are my thoughts.

    How many members does IV have in total?
    Around 30-40K

    What % out of that total has not filed 485 yet?
    Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.

    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.

    1200 seems to be a good number

    If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.


    Good post but we need more information.
    How many members does IV have in total?
    What % out of that total has not filed 485 yet?
    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    1200 seems to be a good number.





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  • greencard_fever
    01-14 01:43 PM
    Enjoy the freedom..congrats!!



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  • tejonidhi
    11-27 01:20 PM
    My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
    Thank you





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  • satishku_2000
    08-23 10:01 PM
    Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type



    Memo accoring to murthy.com

    http://www.murthy.com/news/n_restim.html

    USCIS Clarification on Response Time for RFEs/NOIDs
    Posted Jun 22, 2007
    �MurthyDotCom
    The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
    �MurthyDotCom
    The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
    �MurthyDotCom
    TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
    �MurthyDotCom
    Missing or Incomplete Initial Evidence
    �MurthyDotCom
    According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
    �MurthyDotCom
    The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
    �MurthyDotCom
    I-539 Requests to Extend / Change Nonimmigrant Status
    �MurthyDotCom
    The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
    �MurthyDotCom
    OTHER TYPES OF RFE RESPONSES
    �MurthyDotCom
    Evidence Available within the U.S. : 42 Days
    �MurthyDotCom
    If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
    �MurthyDotCom
    Evidence to be Obtained from Abroad
    �MurthyDotCom
    If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
    �MurthyDotCom
    CONCLUSION
    �MurthyDotCom
    It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!



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  • misha
    07-21 11:08 AM
    Forgot to tell. Regarding my attorney, you can not use AP before it's start date. So you can not travel in August 2008 on AP with start date October 2008.

    Misha





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  • SunnySurya
    08-08 10:30 AM
    I had Infopass appointment at Newark. Lady gave me a letter stating that my Name check is cleared. She did not provide any other information...



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  • panini
    03-16 09:25 PM
    Please can anybody help me with this?

    Hi Friends,

    I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

    I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

    Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

    Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

    My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

    Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

    Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

    Also is it common to have the PD box blank in the 485 receipt notice?

    Thanks in Advance!!!!!





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  • vxb2004
    07-26 07:18 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.


    Processing of your EAD and AP is independent of your 140 status.



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  • blizkreeg
    01-27 02:39 PM
    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do?





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  • WaitingForMyGC
    01-09 02:30 PM
    It would definately move..but movement would be backward. :-)





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  • GCVivek
    03-23 03:06 PM
    If your new I-797 came with a new I-94 attached at the bottom, you should be fine. Usually, if you renew H1-B past the expiration date, you are classified under "Consular Approval" and therefore must get H1B stamped into your passport the next time you leave and want to enter the US.





    uma001
    05-24 09:44 AM
    Here is my case:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM.
    My employer is sponsering my green card
    How many points will i get??





    saimrathi
    08-10 03:51 PM
    Great find..

    Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media



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  • balan2008
    07-08 01:19 PM
    Thanks guys for your valuable support and advice.

    balan.





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  • harsh
    01-02 09:21 PM
    My contribution is on way too.
    Confirmation no:5YP659022V963134M





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  • flresident
    04-08 01:55 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.





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  • greencard_fever
    01-14 01:43 PM
    Enjoy the freedom..congrats!!



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  • GCBy3000
    07-25 05:25 PM
    I got promoted to managerial position and I got depromoted back during my H1 extn time when the company attorney noticed the change in my title. He politiely conferenced me and HR and said it is not acceptable as my GC is pending unless otherwise my company is willing to put me back in the LC position during my AOS filing. My duties change d as my title change, but I was still doing 50% of what was explained in the LC. Again there was no other pun intended reason for my demotion to make it clear. Each attorney is different, but it scews the candidates since the company HR listens to them as they are liable for it.

    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.





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  • freedom_fighter
    01-14 07:21 PM
    anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.



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  • sgupta33
    03-20 05:05 PM
    Thank you ZCool for the information.





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  • sam_hoosier
    01-07 11:24 AM
    can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.

    Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.



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  • hojo
    08-19 07:47 PM
    i saw this cool tutorial that used really simple technique to make a really cool outcome.

    the tutorial was on making realistic looking fire. so what he did was he wrote text, raterized it, rotated 90 degrees CW and added wind from left. then he rotated back and did an ocean ripple. it sounds more complicated then it really is.

    anyway, heres the final product:http://24.26.33.8:42/hojo.bmp





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  • sushilup
    05-03 10:34 AM
    Hello Guys,

    Here is my situation, it might help to many, who are planning to move to MA..

    My background License history:
    I had two full term (4 years) license in PA (I guess when I came to USA they used to give full term license) and got a 2 year license recently in NC since my EAD was valid till 2010 only.

    Now 1 month ago moved to MA:
    1- First time I went to RMV (same as DMV), very rude person, your license is temp and we can do transfer for you. You need to take written and road test again. I argued that I had full term licenses and this is not temp license. This is based on my visa and issue me till the validity of visa. Person got angry and told me, don't tell me the rules. This is temp license and let me make sure I put you on the system, so you can get any where else.
    I spoke to her supervisor and person told me the same. I came back and thought, this person might be rude and went to different RMV next day.

    2- Second day, different center and they told the same and I thought since this the rule let me start the process and take the written test and road test.

    Now the problem-
    They took all the paperwork and made copy and started with my wife for test. She went to take a test and she didn't allow me to so by saying that there is a hold for you at other place and you need to go there.

    Since my wife was not prepared, she failed and STRANGE THING, THEY KEPT HER LICENSE and didn't return. I asked that how is she going to drive etc. We can't give license back.
    Now we are stuck, until she passes her written and road test.

    Same thing is going to happen for me. I am in very painful situation and don't know the way out.

    If anyone has similar situation, please share.

    ALSO, PEOPLE WHO ARE MOVING TO MA, PLEASE MAKE SURE YOU KNOW THIS CEAZY RULE AND BE ARE PREPARED

    GOD BLESS TO US ALL..



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  • lfgc
    05-17 04:58 PM
    Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.

    Thank you very much in advance.
    I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
    rgds,
    lfgc

    ...recd info fm the attorney's office...

    The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
    $2,190 for companies with 26 or more employees and $1,440 for companies
    with 25 or less employees, Office Expense $50.

    so, for extension...it may still be $900.





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  • qualified_trash
    05-17 01:53 PM
    You may try www.shahandkishore.com

    My employer uses them and I have had an excellent relationship with them.



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  • bestin
    10-23 06:09 PM
    Appreciate your dedication WD/CC.I am kind of busy this week.Will get back to u this weekend.





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  • vinoddas
    07-30 02:37 AM
    I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

    I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

    Thanks for the input.



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  • eb3_nepa
    06-15 10:49 PM
    Dude i think you have WAYYYY overestimated the processing times!!





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  • atlgc
    11-08 10:56 AM
    hello

    work for decent size company (1500 employees).i am the only non citizen/non gc holder

    applied eb3 and stuck since 2003.gained masters in 2006

    planning to apply to EB2 with different title .

    my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

    in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

    does that mean its guaranteed audit like that meaning do they question or is it possible

    any experiences who ported are appreciated

    thanks



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  • njboy
    10-02 03:11 PM
    if u feel company is in bad shape, then file perm through another employer..stay with this company in the meantime till ur h1 expires and file an appeal for the 140..if appeal fails..u'll have an approved labor by then with the other employer and u can jump to his company..





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  • prasadn
    04-07 05:15 PM
    I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

    Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.


    From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.





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  • cooldude
    08-05 11:51 AM
    I filed 485 with G28 form and I just got the receipt yesterday.

    Details:
    I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
    Received receipts for both yesterday August 3rd.

    Sit tight and relax, everyone will get theirs.

    I thought your lawyer is supposed to get the receipts if you had filled G-28.





    vdlrao
    06-01 09:26 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.

    really good information.





    gc28262
    03-26 10:22 PM
    Why would an entry on AP not apply here?

    also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?

    AP:

    Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.

    An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).

    Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.

    Status violations are a problem only when you are on H1B.



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  • immig4me
    04-14 08:17 AM
    Problem is they do not report it on froum or tracker, and leave the forum for ever... because they know there will be a lot of people asking questions or making them miserable by trying to prove them wrong... go figure...

    Be + ive...

    True Story!!!:cool:

    Very true! They will count their blessings and forget the bad taste of long waits.......
    I am not sure that gc's without pds happen though





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  • Savi
    07-07 09:47 PM
    And here is the answer (unless I haven't digged back far enough!)

    http://immigrationvoice.org/forum/showthread.php?t=5990


    BTW, I am curious as to who first proposed this idea.





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  • delhirocks
    06-17 12:11 PM
    Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.

    Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed

    Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.





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  • sonia_sd
    09-24 06:21 PM
    I checked the site, couldn't find this info any more, probably its got archived. Thanks for your efforts in letting the group know.

    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""



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  • new_gc_guy
    03-26 07:54 AM
    I used jet last week... 1208$ great food and service.. and the inflight entertainment was awesome !:D





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  • lazycis
    02-13 01:20 PM
    "But the stranger who dwells with you shall be to you as one born among you, and you shall love him as yourself; for you were once strangers..." Leviticus 19:34



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  • pappu
    11-14 02:27 PM
    Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.

    What does this mean? Kiss my LC good bye? Please explian
    ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.





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  • arihant
    12-28 11:08 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(

    Why is your 485 case pending since 2002? Is it stuck in Name Check or due to retrogression. I thought that 485 cases are progressing relatively fast as long as the case is not affected by retrogression and is not stuck in the black hole called "name check"!



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  • starving_dog
    10-02 01:06 PM
    When I was H1-B, I never surrendered my I-94 and kept re-using my original. I crossed the border at least 25 times without any problem.





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  • garry_kay
    06-20 11:52 AM
    Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.

    1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?

    2)the Online Status Still Shows "in Process"

    Gurus, Please Help Me

    Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?



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  • gc_on_demand
    09-06 12:04 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    If you can try for it that will make your GC faster.





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  • smisachu
    12-13 03:59 PM
    Another thing is whay do you want to get into EB2???:confused::confused:
    Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:

    Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.


    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?



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  • rvendra
    05-25 01:55 PM
    My case transferred to USCIS local office and below is the case status:
    EB 2 Dec 15 2003 - No updates so far
    This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.





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  • WAIT_FOR_EVER_GC
    11-11 12:45 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL

    I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.

    College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.

    Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.



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  • 21stIcon
    09-21 11:21 AM
    RTC is going to buy mortgage paper for market rate not for actual worth which would destroy banks balance sheets and dollar value.

    Housing market did not stabilize until 1995, housing picked up due to late 1990's IT boom , so RTC would not stop plunging housing market , housing correction still years away.

    anticipate sluggish GDP for years which would translate into bad income growth, housing would not improve when personal income deflates.





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  • willIWill
    07-16 01:01 PM
    Thanks for the suggestions Rockstart.

    Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.

    One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.



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  • raysaikat
    01-23 12:13 AM
    Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?

    Nunc pro tunc means a retroactive action normally used to correct past clerical errors. For instance, suppose your birth year is 1978 and in a form you put 1987. You may be able to retroactively correct that, which would be a nunc pro tunc.

    Your problem is not a clerical error; you did not file H1-B in the first place and started working. I will be extremely surprised if you can make USCIS accept (what is in essence) a back-dated H1-B petition!





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  • n_2006
    02-10 12:21 AM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

    Did you work during this period?





    WillIBLucky
    11-17 11:54 AM
    Yes, 2007 will be the best chance we would have. After that its all political stunt as we saw this year before elections.

    I sincerely hope I am wrong in this assumption.





    PD_Dec2002
    08-12 01:01 PM
    Thank you all for your response.

    The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

    Questions:

    1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
    2. If that is the case then in my situation should I safely assume my wife's application was rejected?

    Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

    My PD is 11/30/05 EB3

    Thanks
    Raj

    Replies based on my experience.

    1. Separate postal mail.

    2. Spouse's receipt notices can come days and even weeks apart. Since you have your receipt numbers already, you can call USCIS and get your wife's receipt numbers if her case has been entered into the system as well. Why are you assuming that her application has been rejected... ...there are applicants from early June who still haven't received their receipt notices.

    Thanks,
    Jayant