Sunday, June 12, 2011

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  • bp333
    10-29 04:31 PM
    Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.


    They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.





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  • YesWeWillGet
    09-13 06:45 AM
    I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.

    Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?

    Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.

    Thanks,





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  • aguy
    01-05 10:52 AM
    Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?





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  • zuhail
    05-08 11:27 AM
    This would help you in reviewing the content and format of AC21 letter.
    USCIS Guidelines on AC21:
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    You can send it to your attorney for his perusal.
    Good Luck!



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  • Yeldarb
    10-28 11:02 PM
    dreeft, you could set it up as subcontracting work out though, all the work being funneled through one person and then subcontracted to other members of the "group"

    Then it wouldn't be a business and hence would be a "group" of freelancers :P

    I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?





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  • Refugee_New
    08-02 12:50 PM
    I don't think a 1 year ead or 2 year ead is really affecting 485 applications.

    USCIS will approve 2 yrs EAD only if the dates are not current and visa is not available for that particular case. in my case my pd is always current and visa is available.



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  • deardar
    07-18 09:35 AM
    I pray that all the folks of the CORE team would get their I-485 approved and their GC in hand before I get mine.





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  • MannyD
    09-07 06:36 PM
    Please respond so that we can get an idea of the distribution of EB cases.
    You have to be logged in to participate in the poll.
    Thanks to MrWaitingGC for the initiative.



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  • vxg
    12-31 01:57 PM
    See my answers. WE just came back on AP, no issues.
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    YES
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    NO
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
    In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.

    Your help is greatly appericated.

    Thank you.





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  • paskal
    12-08 11:31 PM
    Dear friends,

    We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
    Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
    OR use this thread if it is just more convenient....



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  • simple1
    10-07 03:36 PM
    Enlighten us about your mutiple company stint in L1B visa.

    My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india

    Hi,

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.





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  • WeldonSprings
    05-01 09:22 PM
    Hi,

    When did you apply the card. Was it NSC or TSC and did you e-file.

    Thanks.

    They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
    "Card production ordered/Oath Document sent".

    It is just misleadig for a lot of people they can misread it as the PR card.



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  • Maria_Mathew
    12-19 01:52 PM
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.

    Was she working in IT field back in India? Can you specify her skill sets? Was it easy for her to find a sponsoring company ?

    I am on H4 and I was wondering whether it is easy to get a sponsoring company in this bad economy. Please reply when you get a chance....

    Thanks,
    -Maria





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  • ryan
    05-27 03:22 AM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.



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  • eb3retro
    02-15 11:25 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    could you please update your profile? thanks.





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  • mayurcreation
    02-25 12:03 PM
    I brought toyota camry from a dealer in NY state last year feb/2010 on (toyota) finance, the dealer only asked me for my driver lience and ssn. he took copy of driver licence and ssn. nothing ask or talk about my immigration status etc, etc...

    looking at me my friend (working with me) brought brand new toyota camry same month feb/2010 from PA dealer with 0% apr for 5 yrs. he also shown and given photo copy his driver licence and ssn.

    myself and my friend both are on h1b visa.

    this could be possibly happen because of private financing (toyota finance) not bank...



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  • elaiyam
    04-05 10:03 AM
    It should not be a problem for EAD/H1B

    FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)

    See the section: c. Non- Permanent Resident Aliens





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  • anurakt
    01-14 06:30 PM
    I think we may have spoken about this , but here is my question :

    My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :

    1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?

    2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?

    3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?





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  • Ramba
    08-13 10:55 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...

    Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.





    amit1234
    08-26 03:58 PM
    Hi,

    I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:

    My qualification: Diploma in electronics and communication Engg in India
    (3 years diploma after 10th)

    Years of experience: Since 1991 in IT (About 20 YRs)

    Green card process: EB3 Approved labor and 140.

    Situation: When I contacted one of the university in USA they informed me that I can
    do the Masters instead of BS online degree.

    My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?

    My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?

    Thanks in advance





    immiadvise
    01-02 12:06 AM
    Thanks gveerab,hpandey,johnamit,wandmaker for your valuable suggestions.



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