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  • ramus
    05-31 04:12 PM
    Great..
    Just post in drive fund thread when you done..
    Thanks,


    Contributed $350 so far. Will contribute another $100 today.




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  • martinvisalaw
    03-18 03:30 PM
    Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.

    It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.




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  • InTheMoment
    11-25 05:12 PM
    USCIS systems that the generic CS rep sees or the CLAIMS3 systems that the IO sees doesn't have any info about AC21 docs that you sent them.

    Like someone suggested it is a very good idea to keep the original attorney (might not happen in all cases such as when your other company is a direct competitor. Depends on the lawyer). I did the same did not have to pay anything to my attorney to maintain my file.

    I sent my AC21 docs to NSC against the advise of my attorney (I surmised that that I would waste time and money if USCIS ever sends a EVL RFE). I think that was a good decision as I got the I-485 approved soon.

    Also I see from the FOIA request that I made, that the AC21 docs that I sent were indeed in my file when the decision on my file was made.




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  • omved
    10-09 01:43 AM
    There are lots of people living in arizona on H1 visa but still not member in immigrationvoice yet...

    But sure, lets do meet sometime...



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  • bkn96
    02-18 11:06 AM
    Did you work during this period?


    Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

    Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..




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  • akred
    03-09 02:08 PM
    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    should be:

    Priority date is defined in two ways -

    a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    or

    b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.



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  • chanduv23
    07-25 09:34 AM
    I am in same situation. My previous employer has informed me that he has already revoked my 140 petition. I sent in the ac21 paperwork to be on safer side and also verified my home address on records in case they send something. You may want to do the same, also, make sure you have your own Attorney and file for G28 promptly.




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  • pitha
    07-05 12:41 PM
    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?



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  • pragir
    12-18 01:50 PM
    We got our mexican visa (going to mexico on vacation for 10 days) two weeks ago in Raleigh, NC. It was a breeze. I got a list of things that they wanted to see including

    1. passport
    2. US visa or approved I-797
    3. Proof of residence in US (house tax bill etc.)
    4. Air itinerary
    5. Completed visa application form
    6. 2 passport size photos
    7. $36 per person visa fee

    The process was fairly smooth. I was able to get my passport with visa the next day. My friends went a week later early in the morning and were able to get their visa with an hour and half on same day.




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  • vnsriv
    10-08 04:01 PM
    so here is exact question , what about if i get GC approval before my PD gets current?

    You mis-understood the concept of PD then. Your I-485(GC) won't be approved until your PD is current.



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  • days_go_by
    09-12 07:27 PM
    thanks for correcting me, This is the true advantage of a forum.




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  • forgerator
    11-11 11:49 AM
    Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?

    Thank you
    Project_A

    It should be greater than 50% different if you wish to use the previous position's experience.

    Here is how it happened in my case

    Company 1 - 2yrs exp

    Company 2 position 1 - 3 yrs exp

    Company 2 position 2 - 0.5 yrs exp (I was able to only reclaim the 2yrs exp gained at company 1 but that along with my existing MS degree was enough for filing for EB2. In company 2 both position 1 and position 2 are similar so I could not use those 3 yrs for my EB2).



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  • solaris27
    08-15 08:58 AM
    Q. How soon can I leave my petitioning employer once I get my green card approval?

    A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

    But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

    There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


    FREQUENTLY ASKED QUESTIONS
    ----------------------------------------------
    Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
    This is the whole scenario, now considering it, Am I still at risk?

    A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

    Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
    Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

    A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.




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  • gk_2000
    08-10 03:14 PM
    If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
    1. Increase of Immigrant visa to 290,000.
    2. Master's degree from US in STEM field not counted in any quota.
    3. Master's degree from a foreign country and three years of US experience not counted in any quota.
    4. Family counted as one.
    5. Recapture of visas from previous years

    I hope I am DEAD WRONG. But this seems too good to be true!



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  • mna123
    07-30 09:07 PM
    Thanks Kondur, your response cleared many things.

    No I was not of status because I am "outside" of US and am on unpaid leave for last 3 months as my name check for H-1 is pending.




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  • Almond
    06-17 09:57 PM
    I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...

    It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...

    Same thing here. I've been to infopass a million times already. Some of them will tell you straight up that it's on someone's desk and to wait and come back in 1-2 months. Others will feel sorry for you and make some copies of your stuff and fill up some paperwork to "put it on the officer's desk"-you know, just to give you some hope. I've even gone with a lawyer's letter. Nada. Basically, you're at the system's mercy and the infopass people are just customer service reps that are there to answer your most basic questions. Get beyond basic and you're out of shit luck.



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  • Jubba
    09-04 08:23 PM
    heres another way to do it

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  • go_guy123
    03-12 10:05 PM
    There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?

    Add says -->
    Attention H1B, F1s, L1s
    To difficult to get USA green Card?
    Canadian Green Card helps you stay in USA Legally
    You do not need to move to Canada
    Get a Canadian Green card as a Back-up

    Linky --> http://www.maple-immigration.com/ad_index_en.htm

    :confused:
    Ria

    where is the ad in sulekha ?
    can you post the link ?




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  • jaggu bhai
    08-10 11:58 AM
    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

    Thanks glus

    down the line we wanted to use the benefits of F1.
    thats why we r planning to change!

    tx




    xela
    06-18 07:55 AM
    I never saw a change from the April 30th LUD and got the CPO yesterday.

    So dont get too concerend if after the receipt notice LUDs you do not see any movement, seems like it goes straight from that to CPO!

    Good luck for everyone who is still waiting! :)




    cableching
    07-18 06:14 PM
    USCIS Looks at I-94 you entered on the I-485 application.
    You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.

    That's the basis for them to track your status in US.



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