Sunday, June 12, 2011

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  • ski_dude12
    12-26 12:21 AM
    What is the name of your employer? Atleast that will help other members in making the right choice.

    Thank You all for your support by answering my queries. Will keep you posting the progress. Hope things will work out fine.

    Sure, would contribute to IV, you are doing great service.

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  • RLNY122004
    06-15 04:23 PM
    see the reply
    Hi RLNY122004

    Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.

    1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
    --- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.

    2. Did you speak on the phone?
    --- see 1
    3. When was your name check cleared?
    --- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
    --- last one on 06/07/2007 was 10 fingers.
    5. Was your I-485 case trasnferred to Texas/Nebraska recently?
    --- see 1
    I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
    --- I got to go now, I will try to come back online later in the night and answer your questions.TIA

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  • ImmigrationAnswerMan
    06-29 10:35 PM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

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  • gc_check
    10-15 03:10 PM
    Lawyers havent received notice yet either...does CSC only enter receipt dates or do they process EAD, AP etc. as well prior to transfers?
    CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.


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  • vts31
    10-22 04:17 PM
    i always start a drawing or anything, with primitives. Usually circles and curves because they are organik..if i want something more rigid i uses cubes...then i try to visualize that primitives potential and how i can link it to something else alter in the composition...after i do that 1 of 2 things happen, I either do it or i get scared ima ruin it and just go work on something else.

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  • tinamatthew
    07-21 12:05 AM
    OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?

    If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed


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  • reddog
    03-12 11:02 AM
    wow, you sanju, definitely have to chill out.
    you are definitely borderline clinical.

    and i aint attacking you, but your reply to the 'Clear two years of backlog' rings in my head when I see your name.
    Yes you quickly rescinded the post(i would call it a rant), but after mr. pappu made a stern warning.

    Here is another one

    I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .

    BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .

    BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .

    BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.

    What are they doing here? I'll just put them away . . .

    BUT FIRST need to water those plants. I head for the door and . . .

    Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .

    BUT FIRST I need to find those checks.

    END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .

    And, when I try to figure out how come nothing got done today, I'm baffled because . . .


    I realize this condition is serious . . .

    I'd get help . . .

    BUT FIRST . . . I think I'll start a new thread.

    Fool its not me, its the AAADD I was recently diagnosed with.


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  • sanju
    03-06 02:59 PM
    What are you talking about?
    Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?

    Am I missing something?

    Sorry, that was not directed at you, it was directed at the agenda that mirage is trying to set the agenda.


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  • amsgc
    06-16 01:22 AM

    Chat User : My husband is on H1B and is about to file for his I-485.
    I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
    with my husband, or can I file while being on F-1? Please advise.

    Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.

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  • lazycis
    10-06 01:22 PM
    The law says (8 USC 1154):
    "(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."


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  • seahawks
    08-09 09:24 AM

    I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.

    I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.


    unfortunately I missed the bus, we send all document May 29th and it reached USCIS CA on 30th, my pd was current for June bulletin and was approved 1 year extensions. I should have waited until Aug to file extensions, this is my 4th H1/H4 extension:( in 4 years.

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  • sintax321
    09-04 01:28 PM
    Would someone mind posting a link to a pixel stretching tutorial? I do a lot of photoshop work and have never seen it yet.


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  • AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.


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  • pappu
    03-06 11:51 AM
    Dear members,

    If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.

    We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.

    Please note the fax number

    Fax : (202) 403-3853

    or email the scanned copy to info at

    Time is short and we need letters in the next couple of days if possible.


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  • amitjoey
    05-31 04:07 PM
    Contributed $350 so far. Will contribute another $100 today.

    great!!!. That is the spirit.

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  • harivenkat
    05-11 01:11 PM
    talking about backlogs


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  • waiting4gc
    08-08 07:55 PM
    There is a seasonal temporary visa that you can get if you are in a profession where there is extra demand in some part of the year. For e.g. a friend of mine got this visa initially as she is a CPA so there is more work for them around middle of the year.

    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

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  • gc67890
    11-16 10:19 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B


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  • logiclife
    06-01 06:33 PM
    No, you cannot file for I-485 unless your PD is current. This is as per the current law.

    Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.

    As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.

    10-17 01:14 PM
    No, you are expected to fill up all the forms and only once you confirm the appointment (I do not know how much time) - but you will be able to go back in later and print out all the forms. Or if you provide the e-mail id, the system automatically sends you the appointment confirmation along with DS-156 and DS-157.

    06-06 05:26 PM

    I have some questions in regard to using AC21.

    Using AC21, what are the risks involved with I140, provided it is:
    1. Already approved and more than 180 days after filling I485?
    2. New job/position is “same or similar” as mentioned in I140?

    1. Employer wants to revoke the I140 or in way threatens
    2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.

    Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?

    Please give your suggestions

    Thanks All,

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