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  • NKR
    02-06 11:27 AM
    I have NOT heard of anything that specifically prohibits H1Bs getting a mid year raise. Ask your HR where they are getting the information from?

    Exactly, I would call it discrimination... Like HV000 said ask them to show the information where it says that, I don't think they have any...





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  • nousername
    10-09 04:01 PM
    Thanks everyone for sharing your experience.. After reading your post I was much relaxed to use AP at SFO to reenter.

    I just returned and immigration check went very smoothly. It took 30 mnts to get to the first IO (as couple of flights landed at the same time) . He asked me to go for the secondary inspection and I was out within 20 mnts tops. No questions asked, just asked to sit. My IO was normal but there was another female IO who was acting stuck up with others.

    A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.





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  • a_yaja
    10-09 07:43 PM
    Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.

    I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.





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  • Ramba
    06-24 10:54 AM
    Thanks janilsal.

    We got married in a temple and returned the license to the County Clerk's office.
    We can't mention martial status as married due to family reasons.
    We are fine applying with martial status as single independently since both of our PD is current now.
    Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
    Please advice.

    Thank you!

    It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.

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  • deepimpact
    08-23 11:25 AM
    And depending on how long you have been on H1 and if the University is a State Univ, your wife can also qualify for in state Tuition fee. These days its very rare for MS students to get funding. You can save some money that way.





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  • radhagd
    04-02 09:26 AM
    I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.


    If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.



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  • Rav!
    10-02 02:25 PM
    Hello all,

    I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).

    LC and I140 have been approved...so wanted to apply for a 3 yr extension.

    My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1

    Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.

    As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??

    Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.

    Can a LCA be reused? Is it a valid/legal thing to do?

    Any and all help in obtaining an answer for the above questions is really appreciated.

    Thanks.





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  • GC_1000Watt
    12-21 05:16 PM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK

    My understanding is since nowadays to get an appointment we are required to fill online form (I guess it's called DS-160) which takes a lot of information about the applicant, the likelihood of PIMS delay etc. will be very less.
    Good Luck with your VISA interview. Wear formals and be confident.:)



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  • webm
    05-29 09:30 AM
    When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says

    Paroled until 02 Jan 2009

    My question is which expiration date should use for renewal purposes and apply the 120 day rule.

    Please let me know.
    You should still consider the one which is on the AP document...





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  • ghost
    07-24 07:52 PM
    Murthy is Immigration Attorney: www.murthy.com

    IV is Immigration Voice



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  • ak_2006
    04-30 10:35 PM
    Wall Street Journal has a article about the Greenspan's testimony. The comments seem to be taken over by the anti's. Please comment if you can.

    http://online.wsj.com/article/SB124112017018574119.html

    Soon I will post my comments...I saw urs and pretty impressive. Keep going...





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  • saloni
    04-13 06:39 PM
    I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
    I am getting an opportunity to venture into an non-IT business.

    Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)

    Will I loose my H1B status as soon as I use EAD?

    I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.

    Please advise.



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  • Administrator2
    01-20 02:02 PM
    This looks great.....good work.

    However, it looks like the reputation button is not working right. :)


    Thanks Saralayar! A lot of members helped to make this change. Ideas and effort from a large number of members were pooled in. Special Thanks to coopheal for working on the wiki. That was awesome work.

    Hi! Ennada,

    We tested again and the Reputation button is working fine. We have disabled the reputation messages. Please let us know what is not working with the reputation button and we will fix it.

    Thanks,





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  • aperregatturv
    10-26 03:08 PM
    My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.

    Is this true?

    Thanks,

    PD Feb 2004 - EB3 - India
    I140 Approved - May 2007
    EAD Approved - Oct 3
    EAD recd Oct 10
    H1B Status Valid - 2010.



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  • ajkastar
    07-27 01:32 PM
    Hi,

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.
    Thank you!

    Yes I had my 1st fingerprints done in 2003 and 2nd in 2006. Status was updated for first but not for second firgerprints.





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  • Dhundhun
    10-26 01:36 PM
    ... US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. ...

    This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.



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  • supender
    09-29 08:35 AM
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  • ksrk
    03-04 04:42 PM
    Congratulations moclutch! Sure sounds like one heck of a journey. And like you said, misery does love company - or at least eases a bit.

    Congrats again - time to celebrate! :) And good luck moving forward...

    I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

    I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

    For those that are still on the journey - just hang in there and your time surely will come!





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  • milind70
    11-06 12:49 PM
    I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions

    1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
    2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?

    Thanks in advance

    You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.





    rsdang
    08-29 11:27 AM
    Guys,

    I have been going to various blogs and where anti legal immigration ideas are posted, I try to provide a fact based rebuttal...

    As a start I would request all of you to do the same...

    For the gifted writers here writing articles for newspapers is a great idea...

    We all should do aour part and spread the awareness...





    Life2Live
    04-22 12:54 PM
    Is I-140 Premium processing is available now?

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  • serega
    04-21 11:10 AM
    I'm in the process of convincing my FinAid rep that I am eligible with only EAD/I-485 pending/A# (no I-94 w/parolee stamp). It worked for a secondary verification for my mortgage guaranteed by USDA (Agriculture Dept.). They use the same USCIS SAVE system for verification. The truth is no one knows how to do this. My FinAid rep admitted to never having to do this. What happens when they institute a secondary check thru SAVE is it only says EAD valid, so all it does is verify your status, but does not actually notify the agency that you are eligible for any benefits - it says so in the system rules/regs. But USDA thought that was the green light to approve me for benefits, so now I'm eligible for no down payment/low-interest mortgage. I'm trying to pull the same stunt with college. They said they will consult Dept. of Ed, so that may not work. But you need to sound convincing and not fall for their ignorant BS, until they have it clearly figured out and ask you for an I-94 w/parolee stamp valid for more that a year. Truth is, none of us will ever get a stamp valid for more that a year, since AP is given in 1 year increments. But FinAid reps almost always fall for near-1-year validity of the stamp and cave to your pressure. So keep working at it until you get what you want. That'/s what I intend to do. Once you are approved w/documentation for first year, you never have to go thru the exercise again with that school, since the school ultimately decides whether you are qualified. Good luck, and I'll post my progress.





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  • gunabcd
    07-02 09:52 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.





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  • masterfender
    04-26 09:27 PM
    Hi guys,

    Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.





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  • jonty_11
    02-05 02:27 PM
    This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.

    Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?



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  • pkak
    07-23 07:53 AM
    Rs 1500 Laptop to be launched soon | Bharat Chronicle (http://www.bharatchronicle.com/rs-1500-laptop-to-be-launched-soon-7672)

    The cost of the material, which worked out to $47, was brought down after a massive exercise, including a 50% government subsidy.





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  • bekugc
    07-18 03:08 PM
    These are the times when things pple do are either legal or illegal. (its hard to say if its right or wrong)

    if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!

    if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.

    :-) why get mad and just blame one person?



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  • cdeneo
    03-25 08:55 PM
    Hi there,

    I had a quick question on the best/quickest way to mail Advance Parole paper filing application to USCIS:

    I would like to get some sort of tracking but the address I had was a PO Box in Nebraska.

    I am guessing I would need to use USPS to mail the package - what kind of mailing do I need to do so that it reaches quickly and I get tracking that it got delivered to USCIS.

    My concern was that whether sign on receipt option would work or not given that this is a PO Box address.

    I would really appreciate your input on this. Thanks!





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  • jaggu bhai
    08-24 09:52 AM
    Thank u all very much for ur valuable suggestions.
    It boost a sense of rightness when I share at Immigration Voice.
    So much experience......available here.



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  • sidkap
    10-26 10:19 AM
    our receipt numbers also start with SRC08007 and its not showing up online.
    checks got cleared on 11th Oct .no ead or receipt yet





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  • glamzon
    07-19 12:56 PM
    one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..



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  • forgerator
    06-14 04:55 PM
    What the article author is really wanting to say is "Hey I made it to the US and became citizen, don't try to follow my path because then you will make competition for me and my friends :) "

    Typical case of discouraging others to follow your path because you cannot bear to see them succeed.





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  • jthomas
    01-08 07:10 AM
    Logically, one cannot do a job when they are in H4 visa. But if you are keen on doing a business in H4 visa, check the county rules. I don't think some countys are strict on the status of immigration.



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  • rocky123
    05-01 09:31 PM
    I complete 6 yrs on H1-B in August, 2007

    Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.

    Have a good job offer from company B, but seek your clarifications before I move further.

    a. If I move now, can I take my 3 yr extension filed by company A with me or

    b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?

    Kindly help me out.

    I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
    is making my life miserable.

    Thanks





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  • seaken75
    11-01 01:36 PM
    The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
    FOR CERTAIN NONIMMIGRANTS

    and this extension is valid till on or before April 25, 2003

    for the following

    And you were last admitted to the United States as a nonimmigrant on or before
    September 30, 2002; and
    � If you are a male, born on or before February 24, 1987; and
    � If you did not have an application for asylum pending on January 16, 2003, or if you are
    not otherwise exempt as described in the attached questions and answers; and
    � If you will remain in the United States at least until April 25, 2003.


    So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....


    The original regulation does not include my country and therefore the extension. The requirements in the document uses the word AND, not OR. So even though i will remain in the U.S. after April 25, 2003, i should still be exempted since my last entry date to U.S. was after Sept 30, 2002.

    Is my lawyer and me the only people that interpret it this way?



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  • hebron
    06-22 01:39 PM
    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil


    Hi Sunil,
    I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.

    I am not sure if my experience helps you or not, but please check with your attorney.





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  • Lasantha
    04-25 02:23 PM
    I don't think there's anyway around it. Try to visit over a weekend, leave Friday evening and return Sunday. If you not you will loose the your PR which would be a waste.
    Lasantha



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  • GreenCard4US
    03-15 01:15 PM
    My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
    If anyone has gone through this please respond. Thanks.





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  • SertTurk
    07-18 02:20 PM
    Thanks for the reply.

    I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...

    It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.





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  • kumarr
    06-14 09:40 PM
    Thank you all for your helpful replies.

    Hopefully its just an easy one like mentioned above.





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    bestia
    01-27 02:15 PM
    These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.

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  • vivache
    11-01 08:42 PM
    hi there.
    I need to talk to an immigration lawyer.
    Can you refer me an Immigration lawyer in San Jose/Bayarea?
    Also how much does he/she charge per hour?

    I read about the free immigration question/answer through IV. Is there anything for Nov? Thanks.





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  • EB2ToEB3
    08-22 01:53 PM
    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.





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  • ganesha
    08-04 03:26 PM
    Someone gave me red for this post...i dont understant why???

    That somebody wants to shatter our hopes and have us live in despair:mad:





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  • MCQ
    05-05 01:24 PM
    You need to wait until you have submitted your I-485, and to be on the safe side, got an EAD. The can write these things for pleasure all you want, but the minute you try to sell them - then it's 'Work' and you can only work in the US for the people that sponsored your H1-B.

    Sorry
    McQ



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  • cchaitu
    07-18 03:40 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    Can I join new company on my EAD after 180 days of I485 receipt date??

    One quick question:
    What is AC21 provision: is this a clause or any other application or ????





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  • edd
    02-05 05:36 PM
    Hi,
    I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one



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  • pappu
    07-01 10:00 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.



    kiyun be langde chutiye teri gand me itna dard kyun ho raha hai......
    chutiya loog chitiya suggestions...chal gandu salla...

    We generally do not answer people who do not have profile details/ have incomplete profile/ post anonymously/ start a thread only to ask IV to make a show rather than directly contacting IV.

    Your posts were deleted due to the following reason:
    - Read your own post above in red. We would have banned you from this site after you wrote that, but we tolerated you.
    - Do not create action items without consulting IV.
    - You need to follow politics, strategy and developments closely. You joined 2 days ago and trying to run a campaign without fully reading and understanding how things work with bills. Quoting an old bill, not understanding it and and basing your assumptions on that is wrong. Join the effort and be a part of the group to understand the political process. Be a part of a state chapter or a volunteer group in IV and contribute your time to this effort. That work will be more meaningful.

    If you continue to post offensive content and try to run campaign that do not follow IV strategy, we will be forced to deny you access to this site.





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  • nc14
    11-03 04:09 PM
    I am a regular contributor.

    reached $525 and doing $25 from last month onwards.



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  • realizeit
    08-01 04:01 PM
    This movement by Menendez definitely will increse the likelihood of the passage of our bill.

    IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.





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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.



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  • hpandey
    11-05 12:23 PM
    If she gets her H1 visa stamped while returning and then uses that to re-enter the country then even if the I-485 gets rejected then she can continue on her H1 visa and will not be Out of Status. That is a good strategy to maintain status with pending I-485.





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  • ImmiLosers
    03-11 07:56 PM
    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.

    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

    ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.



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  • sunshine2007
    08-27 04:49 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.





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  • eb3retro
    09-11 11:48 PM
    Folks,

    We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.

    We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...

    I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...

    Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...

    gc_mania_03

    well said gcmania, I like your attitude.



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  • nviren
    04-28 04:20 PM
    Isn't this the same proposed rule that was published on Feb 14 in Federal Register and the comment period ended on Apr 14th?

    In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.

    Or

    Go here
    http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4

    and look at the posting for date 4/10/05

    I guess DOL has not come out with the analysis of the comments received and its final stand yet.

    Let me know if I am missing something here.





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  • txh1b
    08-20 06:27 PM
    Does she have a 485 pending as well?



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  • xlr8r
    09-28 10:48 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.


    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???





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  • logiclife
    01-16 12:43 PM
    There are some apprehensions on immigration portal about legality of lobbying and having an advocacy group to talk on our behalf and work on our behalf. I have posted a reply there and I am posting that same thing here to clear your fears of "backlash" and "Legal issues".

    -----------------------------------
    Hi,

    There is nothing wrong with Lobbying. It is completely legal to seek professional advocacy for a public cause in order to shape public policy.

    It is regulated and legal. Money given to lobbyist are a matter of public record. Hundreds of corporations do this all the time and some of them have their own people do it and some of them hire outside firms who specialize in such activities.

    Lobbying has become a dirty word in the past 4 years and more so because of Abramoff scandal. But it is not going to end and it will continue happening since ITS LEGAL AND REGULATED AND MONITORED.

    See more here http://en.wikipedia.org/wiki/Lobbying to do research in history and dynamics of lobbying.

    Think about lobbying as hiring a lawyer. You can pay a lawyer as much as you want. Its legal. You cannot pay the judge. That is bribery and that is illegal. Similary we are paying orgs to be our advocates or communicator to lawmakers. No-one here is paying any lawmakers. Not a penny.

    Regarding the reactions BECAUSE we hire professional advocates(using advocacy instead of lobbying since its dirty now due to scandals...its the same thing) ....here is the deal. There are 2 choices:

    Choice 1.

    You can be afraid of raising your voice and afraid of anything and everything including the "RADAR" of god-knows-which branch of government(even though its legal), you can be afraid of your own employer(even though its not against company policy in 99% companies to contribute money to orgs that advocate, I have asked my company and they said its ok as long as its not my own profession to lobby and as long as I am not profiting from it personally...which I am not...its contrary...I and other voluteers have contributed personally), you can be afraid of anti-immigration forces that are not going to do anything but...you can be afraid of them. You can live in a country as free as US and be afraid of things that dont even exist.

    Choice 2.

    You can use your backbone and stand up to raise your voice for something you want and something you believe in. Every once in a while you HAVE TO STAND UP FOR WHAT YOU WANT AND SPEAK UP. Justice is not automatic.

    For the sake of argument, let us say that you are on some-one's radar. Who do you thing that is? What are they going to do? If its government branch or agency, they wont do anything because nothing here is illegal. If its a private anti-immigration org then they will know that there are forces just like them in the opposite direction on this issue for immigration. So WHAT? WE know about them and they know about us. They do their job. We do our job. At the end of the day if we make an effect of even 5% on this issue, it could be decisive. And by the way, there are many other orgs that publicly advocate immigration(including illegal immigration) and they have their websites and phone numbers and addresses. They are not afraid of "RADARS" and "ANTI-IMMIGRATION FORCES". WHY SHOULD WE BE AFRAID OF ANYONE.

    Lastly, if you cannot give up your fears and speak up or stand up...atleast dont scare others. I would really appreciate.

    Thanks,
    Logiclife.





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  • styrum
    02-13 11:50 AM
    Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!

    http://online.onetcenter.org/help/online/zones

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
    (if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)





    bobbydalal
    05-21 10:13 AM
    Guys whatever will happen we got to start sending faxes to white house too. We got to overdo the numberusa pepole by far if we want any hope of relief for EB category.If u go on numberusa they r sending fax everyday to whitehouse n congress. So we got to do the same and overdo them. We got to get congress look at our cases and the years of waiting to get our green cards So the forum should do something and we all should start faxing.





    snathan
    05-04 12:00 AM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.

    -

    I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.