Thursday, June 9, 2011

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  • chanduv23
    04-27 02:58 PM
    you may not get much ifnormation from Infopass - you can go for infopass for issues like FP or Name check status or similar things.

    Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.

    Pre adjudicated means - things are fine as of now.





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  • werc
    03-28 03:22 PM
    So a person on H1B goes onto a H4 and wants to come back onto a H1B 3 months down the line. As per your statement , the person is subjected to the cap. Was that what you were implying ?

    I think you were referring to this in the link.

    b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)

    I understand this to mean that aperson who has spent a year outside the US has 2 options.

    1. To apply for a new H1 (subject to the cap)
    2. To use the remainder of the 6 years he has from his prior H1B.

    Please correct me if I am wrong.


    If you don't have 1 year gap. otherwise you are subjected to.





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  • ramaonline
    01-02 01:44 PM
    Chk this
    http://www.immigrationportal.com/archive/index.php/t-232784.html





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  • asphaltcowboy
    10-06 08:07 AM
    Dessoya gets my vote. Outstanding! :thumb:

    nice work everyone :)



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  • mammoy2k
    09-30 08:29 PM
    Please read Yates memo for clarification.


    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet





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  • what_if
    01-25 07:36 PM
    Your wife does not have to run payroll to get money from the company. She can just withdraw money from the company whenever she wants. Just make sure that the taxes are paid correctly when you file for taxes.

    I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.

    What needs to be done to make sure she in on her EAD now and not on H4 anymore?

    How she can become an employee of her own company and get payed every 15 days.

    What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?

    Please advise.



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  • mayhemt
    06-02 06:42 PM
    Shouldnt the title include petitions filed by one particular law firm:
    'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
    (its a little misleading & intimidating to know 'ALL' applications)





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  • bah9422
    08-12 04:31 PM
    tom and everyone,

    do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
    I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.



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  • Houstonguy
    05-16 01:15 PM
    PD May 15 and still waiting for any sort of notice or status update...





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  • anurakt
    12-22 04:01 PM
    REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......



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  • rameshk
    03-03 04:32 PM
    Who is the laywer? can share his contact information with us please?

    Thanks,

    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.





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  • EndlessWait
    07-23 01:43 PM
    huge 1 micro second late and will be pending for "quota unavailability"



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  • calgirl
    08-06 04:42 PM
    As long as you were married before your 485 got approved, she is fine.
    Follow to join will help her get her GC.

    Congrats btw! Was your NC cleared?

    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006





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  • India76
    09-17 02:08 PM
    one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.



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  • gee_see
    04-15 10:56 AM
    TSC waking up ?

    Mallu,

    You are next ....





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  • meridiani.planum
    07-09 01:08 AM
    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?

    Until you have the approval letter in the mail from USCIS or the physical card, they should be able to accept the EAD, as far as they are concerned its still a valid work document (all that has changed is an online status right).

    Otherwise just wait a couple of weeks, you will hopefully have the GC in hand.



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  • Michael chertoff
    04-26 02:35 PM
    Why did we all come to USA?

    Did any of you knew the Green card problems when you came?

    Did you know the problems when you applied for greencard many years ago?

    When was the first time you found out there was a ling wait period and so many problems?

    Brother, just relax. Take a deep breath and try to take a nap.. you will be OK. I can understand your frustration.

    Get well Soon my friend.

    MC





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  • thomachan72
    06-21 05:51 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D





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  • reachinus
    07-30 10:18 AM
    Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....

    thanks for the kind replies...
    Yes is surely possible. To get a reply from the appeals process takes years. What your lawyer suggesting is a good option. Hope you have strong points to over come the cause of the last denial. In case is was due to ability to pay, make sure you are getting paid atleast the Prevailing wage and submit that pay stubs that prove the same.

    Best of luck with your filing.





    belmontboy
    04-09 05:26 PM
    i'll kick start this thread myself :D

    i am planning to buy a house, i would appreciate if anybody can suggest some good realtors in socal?





    eb3_nepa
    03-07 02:18 PM
    Hi,

    A while ago on one of the conference calls, if i remember correctly, it was mentioned that there wud be a team of ppl who would be aggressively calling up people and ask them to join.

    First off am i correct? If i am correct, I was wondering if the same team could look at the contributions from the various members and call the "dormant" members up and ask them why they are apprehensive to contribute.



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