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  • nixstor
    02-23 04:22 PM
    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.





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  • Better_Days
    10-19 09:43 PM
    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

    The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

    Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

    The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

    Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

    Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

    If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

    Any comment on any of the above questions will be highly appreciated.

    Thanks for you time.





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  • centaur
    03-27 05:45 PM
    You need to get another attorney, first and foremost. Sorry its a bit harsh, but it's for your best. There might be problems later and you need to ask yourself-- is this attorney (who apparently didnot go through the case before filing) giving you what you paid for?

    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.





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  • moe
    02-11 10:35 AM
    thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
    thank you for tread me like humanbean.

    Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
    Anyway, you cannot use your lottery case as that visa number expired back in 03.

    and for others people here..
    one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
    i hope you guys get you gc soon..
    no more post for me .goodby



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  • anu_t
    06-17 12:23 PM
    There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.

    No. I don't think so you will have problem like us. Because you are stil eligible for 1 year extesion as labour is pending. For us we can't even apply for labour. and when we can i.e. on oct 2008 by that time we would have left less than 1 year so it is also not useful for us.





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  • gc_on_demand
    05-13 11:01 AM
    Dear members

    Please dont keep hope that there will be a CIR in a year. Why ? Mr President is not confident that he will bring it or not otherwise he would have sound plan and announcement. He is asking Mccain to take a lead on this and remember that news Mccain was angry on mexican delegation who went to him to argue to bring CIR.

    This year they will not bring it with unemployment and other reason. Next year it will be election year.


    If time is good they will attempt in 2011 so it will help in election 2012...again nothing can be done in 2012 too..



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  • arrarrgee
    07-13 09:19 AM
    I wouldn't be ....I think hez adding more value to the country then i do...i dont see any reason why he shouldnt get his green before mine:confused:

    Damn I am going to be pissed off if he gets a green card before I do.





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  • eilsoe
    10-20 07:51 AM
    What makes Painter different from Photoshop?

    I've never tried/seen Painter before...


    Any odds'n ends in Painter that Photoshop doesn't have?



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  • mckottayam
    05-02 08:03 PM
    mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?

    I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.





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  • singhsa3
    11-15 10:47 AM
    What a shame and Ignorant people we are trying to motivate...



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  • seeking_GC
    08-10 02:30 AM
    update on my case after I posted...

    I called up my previous HR contact from my old company ( I have moved employers using AC21 after getting my EAD ) and she said that the old company was revoking older I140s as their newer ones were getting rejected due to the fact that there were too many I140s already filed by the company.She wasnt sure if my I140 was also revoked.

    I spoke to my lawyer and she mentioned that there should be no impact on my case since I moved after my 140 was approved and my 485 was pending for more than 6 months as per AC21 rules.

    I also called up USCIS customer service and the lady mentioned that my 485 is pre-adjudicated.

    ...Now I am not sure if the I140 revocation by my previous company would have any impact on the preadjudicated status of my 485 app. I plan to take a infopass appointment and see if that helps. Will provide updates after my infopass appointment...





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  • newuser
    07-22 08:00 PM
    My five stars. Also e-mailes to friends and colleagues to watch and rate the video



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  • Dhundhun
    06-01 08:53 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.

    If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

    Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.





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  • like_watching_paint_dry
    02-27 01:51 PM
    I don't have any examples of a NOIR based on EB green card holder changing jobs too soon after 485 approval. I however have seen counter examples where a person changed jobs within a month of 485 approval and never had any problems at N-400 as long as they have maintained a good employment history, paid taxes, not committed any crime etc.

    This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.



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  • sandy_anand
    01-24 10:17 AM
    We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.

    Thanks!





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  • gcwatchdog
    11-20 12:32 PM
    It,s better to have all the paystubs for easy employer switch(AC21).
    You should prepare for sacrifice holding payment.....or feel like you are on vacation...



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  • backtoschool
    12-29 08:09 AM
    any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...

    Insead feeds the consulting world.(mainly). So, there is a value with consuting cos based in the US.

    Nayar<<<<
    I am surprised to hear that IIM-A PGDBA is worthless in the US
    so, what are you doing in the US? did you get another MBA?





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  • sledge_hammer
    06-02 11:53 AM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.





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  • 485Mbe4001
    05-17 11:13 PM
    Thanks i had asked my company lawyers refile under perm for me.Their reply was that you are better off with your current PD (sometime 2002), if the bill passes then we can reasses your situation. I have the US masters and all the blah...blah..so i was wondering if i should go with some other lawyer.





    twingy
    10-04 03:51 AM
    Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?





    sandy_anand
    01-24 10:09 AM
    Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??


    Thanks,
    Prasad.

    If EB2-India receives around 20000 visas in 2011, the EB2-India priority dates could move to between Feb 2007 and April 2007 depending on EB3-EB2 upgrades.



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