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  • rajsand
    09-25 11:18 AM
    WHICH CONGRESSMEN DID YOU CONTACT & WHO GAVE REPLIES.
    THIS THREAD WOULD BE HELPFUL FOR OTHERS TO CONTACT CONGRESSMEN AND ENCOURAGE MORE TO DO SO.
    If contacted local senators/congressmen , please mention which state they are from.
    Just names will do.. no contact info required.

    thanks





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  • Kapils573
    12-11 12:55 PM
    Priority date : May 2006
    EAD : 2 yrs





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  • ranand00
    05-10 09:36 PM
    My status says the same except date is dec 12th 2007.
    i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
    thanks
    anand





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  • skarthy
    11-27 05:13 PM
    skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.

    So We are abandoning the current H1 if we go before its approved .
    How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?

    Thanks wandmaker.



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  • satyasaich
    06-14 08:16 AM
    I'm also seriously planning to file on my own. Well, there is no law that stops us, but certainly needs some tips from experienced people.
    Infact as per the checklist, i have all the documents except a letter from employer. That i can get anytime. my big question is are there any other documents that need to be put together (which are not in checklist)

    Any help seniors????

    Gurus...

    Can I file 485 on my own. My 140 is approved.

    If so, what is the procedure.

    Thanks





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  • golgappa
    09-10 07:16 PM
    I dont think so..

    but you never know..

    But my guess is as long as your employer will give you a letter saying they will hire you once your GC is approved, you should be good..as GC is for future employment.



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  • actaccord
    02-17 03:29 PM
    update this thread
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-4.html#post2358717

    and PM the person who is taking care of this task.

    Thanks for coming up
    Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.





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  • clear485
    08-26 02:30 PM
    Hi Guys,

    I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?

    Recently went through the following info....don't know if it helps you or not....

    USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal

    The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.



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  • pod1
    10-21 12:42 AM
    I am in 6th year of my H1B. It is expiring in Aug 2011.

    Here are some details:
    - My I-140 is approved with a priority date of Aug 2006 under EB2-India.
    - I did not apply for I-485 so I do not have a EAD.
    - My wife is also on H1B which expires in Aug 2012.

    Here are my questions:
    1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
    2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
    3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
    4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
    5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?





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  • Blog Feeds
    05-03 08:40 AM
    San Diego Restaurant, The French Gourmet Inc., indicted recently for knowingly making false attestations on I-9 Forms, hiring employees unauthorized to work in the U.S., and employing those aliens after learning of their ineligibility to work. U.S. v. The French Gourmet Inc. is the case, and you can read it here:

    French gourmet compalint (http://www.slideshare.net/usvisalaw/french-gourmet-compalint)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).

    In May 2008, Immigration and Customs Enforcement agents executed a criminal search warrant at, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. This recent indicment sends a clear message to employers.

    We keep reminding employers to ensure compliance with the I-9 requirements under IRCA, a company should establish an I-9 policy that includes:

    * The proper and timely completion and retention of Form I-9 for all employees hired after November 6, 1986;
    * Zero-tolerance for the employment of individuals who do not provide the proper identity and employment eligibility documents for Form I-9;
    * A tickler system for I-9s that require reverification;
    * I-9 training for all company representatives who are part of the recruitment, orientation, and hiring processes for the company; and
    * Regularly scheduled in-house I-9 audits.

    Conducting self-audits puts a company in better position if it becomes the subject of an ICE investigation. While employers cannot verify whether documents used for employment authorization are authentic, self-audits establish good-faith compliance.




    More... (http://www.visalawyerblog.com/2010/04/district_court_indicts_san_die.html)



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  • lonemetro
    08-11 07:04 PM
    Dear Friends,

    I finally got my RIR/EB-3 approved. My lawyer just mailed out EB-3/I-140. Now, our parent company is trying to transfer me there to work for them. Because the parent company has totally different name and tax id, that means I will need to start from H1B-PERM-I140 all over again.
    If I start working for the parent company before the current EB-3/I-140 gets approved, will I still be able to use its Priority Date when I apply for the new EB-2/I-140 under parentcompany? What if the parent company decide to close down my current company before EB-3/I-140 gets approved, will that I-140 still be valid?
    Any input is welcome and appreciated.

    Thanks much!





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  • gparr
    June 5th, 2005, 11:17 AM
    This rose bloom stood out so well against the foliage background, that I thought I'd try a little different composition in which the main subject is a small part of the frame. Does this composition work or does it need to be cropped?
    Gary

    20D, Sigma EX 105 macro, 1/160 sec., f/2.8, ISO 200
    http://www.dphoto.us/forumphotos/data/500/hottamale.jpg



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  • gcby2099
    05-03 10:35 PM
    Guru's pl help..

    One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
    Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.

    Is she now on "AOS" status or out-of-status?
    Is she has to file H4 as my friend's dependent?

    Thanks in advance..





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  • piyu7444
    05-05 11:27 PM
    Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......

    AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)

    Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.



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  • smisachu
    08-22 04:09 PM
    [URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]

    Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.





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  • gc_chahiye
    10-27 01:54 AM
    I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.

    For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?

    The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)



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  • Munna Bhai
    01-30 12:35 PM
    Munna Bhai:

    When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?

    Thanks.

    That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.

    So bottom line, employer should agree.





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  • oljinx
    05-10 03:03 PM
    Mine said
    Bachelor or equivalent with computer related coursework for which I submitted equivalency.





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  • santa123
    08-06 08:00 PM
    Friends,
    There used to be a number of threads created / discussed every day on IV... those good ol' days... a lot of good discussions on a variety of topics, including immigration:D

    But of late I am seeing fewer threads on IV and wondering what could be the reason.

    1. Either a lot of folks got greened and stopped visiting IV
    2. or a lot of folks lost jobs & abandoned their GC process
    3. or a lot of folks got frustrated and left for their home countries

    Is this just me feeling this way or...?





    ponnuswamyp
    09-28 12:21 AM
    I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.





    vban2007
    10-24 10:19 AM
    This is a mad rush



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