Thursday, June 9, 2011

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  • qualified_trash
    11-02 01:32 PM
    rajiv khanna is good. he took my wife's case which was messed up by another lawyer and helped her get the work visa with change of status so she could start working here.




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  • Hinglish
    03-05 12:39 AM
    Dont worry about it ...
    appear for the FP ...
    I had a major cut on my finger, they tried but could not take a good print and finally asked me to come in 15-20 days using walk in along with the FP notice.

    The important thing is DO NOR miss the appointment ... show up there and let them tell you that they cannot take the FP




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  • abhi_jais
    12-03 11:35 PM
    I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...

    In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.

    Let's see hoping for the best.




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  • lelica32
    11-05 11:31 PM
    Please send him letters to the following address:

    Barack Obama
    5046 S Greenwood Ave
    Chicago, IL 60615-2806


    Let him knows about our problems.

    I will send tomorrow a letter.



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  • virtual55
    04-18 09:02 AM
    if you have both H1B and EAD they both are valid work authorizations and you can work with both of them as long as they are valid and AILA thinks that we can moonlight with EAD while working on H1B and they asked the same question to USCIS and also there is no way for USCIS to track if you are working on H1B and EAD as far I know.

    But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b




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  • bslraju
    05-26 04:16 PM
    Dear Members:

    My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.

    They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.

    They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.

    Guys, had any one come across this situation ? can you please advise?

    Thank you in advance

    ---------------------------------------------------
    2001 entered but still fighting for GC batch.:)



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  • FinalGC
    08-24 11:18 AM
    I know of one who transferred Aug 03 EB 2 to their recent application Eb2 in 2007. I think therre may be a scattered few...otherwise we could consider all before oct 03 closed....

    I hope the dates move forward for oct bulletin..




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  • wandmaker
    04-02 01:03 AM
    If you do not want to send it together, send 140 and wait for the receipt notice and file your 485 after it is current. zCool has given the inputs.

    The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.



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  • zerosine
    06-25 01:33 AM
    Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.

    Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.

    Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?

    Thanks for your help in advance.




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  • alterego
    09-25 06:55 PM
    This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.

    My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.

    I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!



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  • map_boiler
    08-11 03:28 PM
    Congrats bluez25!

    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.




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  • anukcs
    07-18 12:51 PM
    I received below email from NPR's Jennifer Ludden who had covered July 2nd issue for us. She wants to talk to somebody who was affected and she is aware that the issue is now resolved. I was not affected since my PD became current in june and my application was reached CIS in june itself. Anybody willing to talk to her, please call her.

    Thanks,

    EMAIL FROM JENNIFER LUDDEN BELOW
    =============================
    Thanks for your note about my piece on the green card mess. Now that DHS has reversed itself again I am doing a short follow up for tonight�s program. Were you affected, and would you be willing to speak with me? I need to do this very soon as the show goes on the air in a few hours�


    I can call you, or my number is 202 513 2256.



    Many thanks,


    Jennifer Ludden





    Jennifer Ludden

    npr

    635 Massachusetts Ave., NW
    Washington, DC 20001

    (202) 513-2256



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  • gcseeker2002
    02-12 05:14 PM
    Is it possible to transfer H1 from company A to B after I-140 approval and H1- 3 year extension and continue the GC process (apply for I-485 when date becomes current) with company A provided company A has no objections?
    Continuiing GC process does not mean just filing I485 , you need to apply labor and when filing 140 apply to recapture old PD , and , then file 485 if dates are current.




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  • sbmallik
    05-28 10:18 AM
    You can also locate the priority date in the I-140 approval notice.



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  • marlon2006
    09-11 09:57 PM
    It is true that many politicians would not risk their bacon weeks away from the election. Don't count that necessarily after the elections the situation will necessarily change. Sen. Frist himself argued that he is OK passing the enforcement only bill within the next couple of weeks and he has said that he expects to leave the immigration thing for the NEXT CONGRESS to decide. Now the key question remains; will enough pro amnesty or even pro immigration lawmakers remain in their job after elections in November ? It remains to be seen. I would love to be optmistic, but if enough incumbents get kicked out of the office, then our chances are not necessarily better next year.

    Sorry folks, but that's the truth.




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  • GCnightmare
    08-28 08:58 AM
    thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.



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  • ssingh92
    02-12 08:20 PM
    Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
    You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
    Why April2001 has to wait for 8(eight!) years

    Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!

    I dont have any other explanation.




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  • mhtanim
    03-03 03:26 PM
    Well.. either way they are making things more opaque.




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  • boston_gc
    09-24 08:21 PM
    If you need to retain your PD, does the job description need to be similar or can it be different?




    meridiani.planum
    06-29 03:27 PM
    inline...

    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.

    No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.

    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?

    If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)

    3. Can I file for a new PERM at that time and get an extension based on that?

    Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)

    4. Do I need to refile I-485?

    If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.




    dassumi
    11-18 10:54 AM
    Unfortunately there is no way around it. So in short, if you do not get your EAD in time, not only can you work but you cannot drive. Interesting times.

    Wonder how illegals manage their day to day stuff without being able to drive. Atleast in TX where there is no semblance of public transport.

    Sheriff Arapio will have a field day if he comes here.

    Do we need to go back and renew again after obtaining the new EAD ?



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