Saturday, June 11, 2011

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  • SGP
    09-28 03:32 PM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?

    Thanks

    Omi.

    Omi, Mr. Raj would be having a free conference call in which you can ask questions. The call as of now is set for Oct 7, 2010 at 6.45PM EST. Follow the thread "Next Free Attorney Call" on IV for details

    Thanks.




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  • ns33
    03-12 03:35 PM
    refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
    Also, refiling could be required if your job categories are changing. from technical to managerial or so.




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  • EB3_SEP04
    06-30 01:04 AM
    Quetion 11 on the EAD form 765 asks:
    Have you ever before applied for EAD from USCIS: Yes
    "Which USCIS Office?" : ??????????????

    how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?

    What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.

    Thanks in advance!




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  • blogger
    06-24 10:01 AM
    Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.

    We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.

    Will this cause any problem during background check?



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  • javadeveloper
    08-20 04:20 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!

    You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.




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  • ilikekilo
    07-18 10:39 AM
    This is the website to check labor status at the BEC.

    http://pds.pbls.doleta.gov/

    My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.

    very sorry to eahr that.....did urs get approved yet



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  • pappu
    01-24 04:29 PM
    Is your lawyer your lawyer or company's lawyer?

    You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.




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  • alien2006
    07-21 02:56 PM
    Isn't Murthy in the DC Area?



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  • srgadi
    06-30 12:46 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.




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  • dealsnet
    03-30 12:37 PM
    OP says 'My Green Card gets approved today, while my wife and son's stays pending.'
    His GC approved. Waiting for card. Do you read some thing else?
    If he want to ask hypothetical question, he is a stupid to start a thread.

    I thought the OP was making a case for getting his question answered.. that doesn't mean the case is necessarily true now.

    And I think if you read further down, the op himself said he didn't get his GC yet, but his question was "what if?"...... guys read before you post ;)

    pal :)



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  • josecuervo
    08-11 03:38 PM
    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.

    Congratulations on your GC




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  • GC_1000Watt
    10-12 09:58 PM
    I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.

    Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?



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  • sheela
    08-06 06:21 PM
    Now that most of the cases that have LUD on their I-140 got or getting approvals, I want to track how many of you guys have an LUD on 07/13/2008. If you have any other LUD on your I-140, please post them.

    Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us.




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  • EB3_SEP04
    06-30 10:35 AM
    I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

    Please share your experiences.

    Thanks

    I sent you a private message with my ph number.



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  • srikondoji
    04-26 07:50 PM
    Berkeleybee
    Done editing my blog.
    Thanks for correcting my blog.

    I will also post a textual link on my online party invitation website where several indians visit and send their party invitations.
    Currently there are 2 indian families celebrating housewarming party using my website with close to 75 guests and i have several email id's who in the past have used my website.
    I hope i atleast get the attention of few indians to this website and our cause.
    Thanks again for the hardwork.
    sri




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  • needhelp!
    12-05 04:07 PM
    at Saturday's Meet and Greet in Texas..
    Please bring a farewell poetry to share..



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  • GC_1000Watt
    12-09 05:40 PM
    sorry didnt see the last 2 lines of your post starscream....

    i will talk to some lawyers and hopefully get some answers.

    my company said the appeal will take atleast 6-7 months nowadays...

    i can work till then without issues.

    Hi Sid,
    Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
    Thanks.




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  • indio0617
    01-30 10:28 AM
    It should not be an issue. I know several people who have done this on a regular basis.

    You can re-enter the country with an unexpired H1 visa stamp and by showing the new I-797. Change of employers does not invalidate a H1 visa stamp.




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  • gcpool
    03-12 06:29 AM
    The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
    Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.

    It can be done at I-485 stage.


    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

    ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.




    mambarg
    08-03 04:32 PM
    This is exactly what everyone is doing.
    All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.

    Surely , you can file another EB2 140 and later when that becomes current, file another 485.




    ameryki
    01-08 10:14 PM
    People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.

    Look at the "Special instructions" sections of the following URL:

    http://www.uscis.gov/i-485

    so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?



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