Monday, June 13, 2011

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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.





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  • crazyghoda
    07-10 10:25 AM
    The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.





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  • superann09
    05-09 08:38 PM
    hi dil_ip,

    Did your wife get your back on to H4 visa from H1? What was the procedure that you went with? I also am on H1 in the US and want to move back to H4. I plan to go to mexico and re-enter the US with my previous H4, which is valid till mid 2010. Is there any problem at the port of entry?
    Please reply back

    Thanks





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  • whattodo
    07-09 10:53 AM
    What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?

    Thanks

    There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

    This happened in early 2007.

    ______________________
    Not a legal advice



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  • rick_rajvanshi
    08-29 12:56 PM
    I am kind of thinking of getting a template kind of system where in members can involve and put in their thoughts and once an article ( of some interest) reaches to a final stage and gets approved by the majority it would be forwarded to the news papers / Journals.

    I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.

    Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.

    This is a process that has to evolve and please do not have expectations as to see results right away.

    However, if some one is ready to take the lead.... Please take over...


    First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.

    IV home page has not been updated for past 3 months or so.

    Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.

    Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.

    Dedicate few inches of space for today's IV headlines on our home page first.





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  • hpandey
    08-05 11:19 AM
    I received a "Card Production Ordered" email from USCIS couple of days back. Waiting for the actual cards.

    Did you had to go for an interview or another fingerprinting before you got the welcome email ?



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  • scorpioca
    05-17 04:59 PM
    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help





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  • jonty_11
    02-05 02:42 PM
    Yedy - I would appreciate that you let a healthy discussion take place on these forums rather than posting wrong information and shunning out people. The community is here to help and there may be many in similar situations. I am talking to a lawyer even before you preached it. This is a forum to get second opinions and real life examples. I am sure no one here (including you) takes the advice from these forums literally and implements it



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  • emmNemm
    12-10 08:06 AM
    Hi,
    We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
    She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?

    Thanks!





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  • idd
    09-19 04:26 PM
    Originally posted by fadingblack

    Anyway, do you think is that good to buy it or do you think you can do the same stuff with photoshop?? I'm afraid painter is much powerfurl in some aspects. What do you think, as owner of painter 6 and a manual???

    yeh, i've wonder the same thing many a time. havent really gotten to use it, just a few times here and there. anything you can tell us about it?



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  • oaktree
    01-12 12:57 PM
    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...





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  • a_yaja
    01-08 08:06 PM
    If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).

    You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".



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  • skynet2500
    11-24 04:15 PM
    I have quickly checkced with few other folks and they said it is not possible. They could be sent back if they have a retunr ticket more than 180 days.





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  • smiledentist
    06-22 12:47 AM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.

    What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.



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  • rbkrao
    09-12 01:20 PM
    There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?





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  • gcwait2007
    12-21 08:23 PM
    Friends,

    I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

    I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

    I look forward for your advice,

    Thanks in advance



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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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  • gconmymind
    02-29 01:00 PM
    Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.





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  • langagadu
    03-29 03:49 PM
    Ready





    STAmisha
    07-08 06:38 PM
    I guess you can apply for 2 140's





    tanu_75
    02-09 03:43 AM
    The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.

    Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)

    Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.



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