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  • saimrathi
    07-07 10:33 PM
    So more ppl can be informed... Its not spamming.. ;)

    Why you are spamming all the thread with the same message. We already have two thread for this video




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  • s416504
    12-02 12:54 PM
    Is this your wife's first 485 application? Any past I485 Applications? It may possible that your wife has old A# number from 2003.

    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?




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  • Refugee_New
    08-02 02:41 PM
    write letters to congressman and fill form for ombudsman.

    You should get ur GC.

    I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?

    I did everything except sending letter to UK Prime minister?????????




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  • windycloud
    07-10 10:05 AM
    It's great that someone started this topic. I've been facing the same discrimination for the past month. A government agency would not recognize my I-797 for H-1B as valid document to prove my legal status. At the same time someone else got approved because he has a H-1B visa stamp in the passport.

    Is there something saying that I-797 is a valid and sufficient proof for I-9 and failure to recognize it is discrimination?

    Thanks!!!



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  • gaz
    11-18 01:36 PM
    background -
    A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
    H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.

    questions -
    If she gets laid off (next round of layoffs are expected in dec), can she still:

    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    2) file a new labor and port her PD from the approved 140?
    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?

    Thanks in advance!!




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  • dingudi
    03-05 01:57 PM
    Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed

    If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.



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  • deepimpact
    09-21 11:50 AM
    I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.

    Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.

    That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)




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  • atlgc
    06-02 07:47 AM
    hello satyachowdary

    thank you and hope this is my last question

    my original 485 filed @NSC ,is there email for NSC or should i send to TSC only?

    please advise

    thanks



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  • lazycis
    12-03 11:36 AM
    Lazycis,

    Did you inform USCIS after you invoked AC21? Thanks!

    No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.




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  • ivar
    04-29 04:35 PM
    Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
    1. The attorney gets more money for filing a seperate application.
    2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

    Best to port the PD at the time of filing the 140.

    Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.

    Crazyghoda,

    I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.

    Thank you.



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  • cdeneo
    03-25 09:36 PM
    Is delivery confirmation possible for PO Box addresses?

    I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).




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  • Wish_Good
    05-07 01:00 AM
    Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?

    -cheers
    kris

    Hi Krishnam70,

    Here is my complete details:

    Company A:
    I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
    Labor approved Dec, 2006.
    I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
    which we responded in time and USCIS received on Dec 5, 2007)
    I-485 applied in Sep 2007
    Got EID and Advance parole approved.
    I-140 Denied on Apr 3 2008.
    I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
    Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
    Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).

    Company B:
    This Company applied for my Labor (Perm) on Apr 21, 2008.
    Got Approved on June 24, 2008.
    H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
    Joined this company in Aug 2008
    I-140 approved with this company Jan 2009.
    Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
    Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
    Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.

    Thanks
    Wish_Good.



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  • lskreddy
    12-11 02:24 PM
    Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.

    Can one apply for an EAD while they are out of the country?-NO

    Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY

    Can one travel when EAD is pending?-YES




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  • LostInGCProcess
    11-06 04:13 PM
    OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?

    I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.

    confirm with an attorney.



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  • NeedMiracles
    09-14 04:38 PM
    Details in my signature..




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  • Sakthisagar
    04-06 02:56 PM
    I think 3 years degrees and experience are ok for EB3 category.



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  • venkat9
    03-10 09:13 AM
    Hi All,
    I just wanted to share my RFE regarding the "Experience Lettters"

    I got an RFE on 1/23/2008 "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."

    The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.

    And it worked for me. My attorney sent the documents to USCIS @ NSC on 3/3 and we got an Approval Notice on 3/7.




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  • maristella61
    04-20 12:42 PM
    Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.


    I did and he says we will submit a copy of the Visa and just hope they do not request the approval letter.
    I was just wondering how important an approval letter was if you have the visa stamped on the passport. That should be proof enough of legal status.




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  • gc_on_demand
    04-30 03:01 PM
    Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.

    Here is link. Will some body hear it and post the updates?

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3793


    Thanks in advance.

    Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.




    Refugee_New
    08-02 12:46 PM
    I suppose your pd has been current for a while now. are you stuck in name check ? do you know why your 485 approval is taking so long ? I'd say you should be getting your GC rather than the ead card.

    And why does your public profile say Labor Approval Date: 05/10/2005 where as in your post you say PD is Feb 2002.

    Labor filed date is Feb 2002. Thats is what called PD. Fortunately it took only 3.8 yrs to get my LC approval. Some poor souls got their LC approval in 4 yrs and 5yrs.

    I don't know if you heard about PBEC and DBEC. I am one of the victims of backlog elimination center.

    Anyway my name check is still pending. But if they really implement this 180 day rule, my case is good to go.




    kviswanathan
    08-20 10:57 PM
    still waiting



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