Saturday, July 2, 2011

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  • Libra
    08-15 01:26 PM
    Thank you nrakkati, i hope your signature and your no. of posts inspire many in this organization.

    Sure...Just contributed $100, will do more in coming months.





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  • smisachu
    08-04 09:41 AM
    mee too!





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  • ha002
    06-15 06:05 PM
    I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across





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  • larmani
    04-29 01:02 PM
    If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.



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  • stemcell
    03-07 09:44 PM
    Unfortunately it means the 485 will also be denied.....
    unless you can appeal the 1-140 which is a lengthy process.....
    Hopefully luck is on your side....

    again please ask your lawyer as to what the best way to go is....





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  • virtual55
    02-20 08:44 AM
    http://immigrationvoice.org/media/Flyer_Formated.pdf



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  • green_card_curious
    03-07 09:59 PM
    gcformeornot: I dont know how to update my profile. I looked around options in my user id but didn't find anything like "update profile".





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  • rb_248
    07-27 07:13 AM
    I tested it. It works great. Admins must consider creating a link for this on the main page of IV. Good job.



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  • solaris27
    08-06 12:39 PM
    hopefully they will process my application soon.....





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  • RLNY122004
    06-15 03:56 PM
    Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks



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  • PALLO
    04-21 01:42 PM
    Thanks guys for your inputs and helping me understand this better.

    I understand that LC is for future employement. Someone said that at the time of filing 485 , company should be wiling to make you an offer for the specified location in LC. But does it just mean offer or you have to accept it and move there till it has been post 180 days of 485 submission Time when GC becomes portable (assuming 1-140 is approved).

    Thanks once again.





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  • gc_coming
    07-18 07:04 PM
    This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
    Only in the rare event that you have an interview at the time of
    adjudication of your I-485, then you must bring a recently dated letter
    stating such only for the purpose to reaffirm what they have already
    approved on the I-140. Interviews for Employment based cases are issued
    randomly. There is no reason to worry about this." Is it correct ?



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  • GCwaitforever
    11-06 11:59 AM
    Concurrent H-1Bs are always non-cap.:)





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  • waitingmygc
    05-20 09:07 PM
    Hi,
    My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

    As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
    Is it possible to have EB2 category and old priority date without refiling new I-140 ?

    Thanks.



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  • raysaikat
    10-10 11:26 AM
    Thank you!

    I am not quiting my company but I am moving to India. In that case what will happen ?

    Your valuable inputs are greatly appreciated.

    Thank you very much!

    I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.





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  • sriswam
    06-28 06:33 PM
    I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.

    www.immigration-law.com


    Thanks Sunny. I am aware of the suspension. Paper-filing is not an option as the earliest the papers will reach USCIS is on Monday, July 2nd (if I were to overnight docs tomorrow). Thats why I was hoping to get the e-filing to work.



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  • eb3_nepa
    07-09 02:05 PM
    Try complaining to the local Bar association. Thats the advice someone gave me. Also try the Better Business Bureau.





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  • fatjoe
    10-10 03:36 PM
    http://www.murthy.com/news/n_ombloc.html





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  • zephyrr
    03-21 12:35 PM
    Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.


    I agree that one should probably do it for compelling reasons.


    I think relevent part here is Q 1.
    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A above.
    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
    by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
    --------------------------
    If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!





    ksairi
    08-16 02:41 PM
    --------------bump--------------





    pd_recapturing
    03-10 08:59 AM
    How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.



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