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  • IV_Friend
    03-29 04:39 PM
    Dear Attorney,
    My Brother is working Employer "X" on H1B.
    His employer started his Green Card Processing in 2007.
    His Labor (PD 2007) and 140 are approved by 2008.

    Because of some reasons he had leave the employer "X" and Join Employer "Y".

    Employer Y, willing to start green card process.

    Can my brother use prior Priority Date?

    Please advice. I Appreciate your help.





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  • reddymjm
    05-21 01:55 PM
    hi,

    Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.

    It is no longer available.





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  • uma001
    05-24 10:14 AM
    you may get 100 points it does not matter, We are still going to have country caps ...

    How can i get 100 points, i dont have TOEFEL score and no relatives in US.





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  • wa_Saiprasad
    12-14 10:09 AM
    Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators’ for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.



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  • larmani
    04-29 01:02 PM
    If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.





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  • addsf345
    07-17 07:19 PM
    Please read this: Entering Canada � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)

    Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.

    The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.

    while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?



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  • anu_t
    06-17 12:20 PM
    I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).

    My lawyer recommended that I have three options

    1) Start over and recapture your PD. She mentioned that this is the cleanest option.

    2) Apply for 485 from your old job and then move to the other job after six months

    3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.

    I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.

    Please note the above is my opinion and you will need to consult your own lawyers.


    How come option 1 will work if the law passes? First you have to apply for the labour and then only u can capture the old pd.
    But we even can't apply for the labour so there is no point in capturing the old pd. Am I making the valid point here? Correct me if I am wrong.





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  • snathan
    02-23 10:07 PM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

    Why dont you ask this question in a free attorney's call.



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  • martinvisalaw
    03-17 11:50 AM
    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved? No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.

    2. What are the documents needed from employer A, if I want apply I-485?
    See previous answer.

    3. All my friends telling me, I can apply I-485, Is it true?
    See previous answer.





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  • anilkumar0902
    04-10 01:33 PM
    I e-Filed my EAD renewal application on 03/16, sent the docs to Nebraska and it was approved on 04/07. I was not asked to get Fingerprinting for the same.

    Good luck.

    Cheers



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  • PDOCT05
    08-15 02:45 PM
    I-140 approved at NSC
    PD is OCT EB3


    Thanks much for your response...I hope my checks will get cashed in next few days..





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  • GCDelay
    11-30 11:17 AM
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  • Houstonguy
    05-26 04:41 PM
    The points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...

    DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....

    Best wishes to those who are waiting...





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  • natrajs
    07-11 06:12 PM
    FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available

    You are correct, Folks who hasn't got the FP done, and their dates are current ( AUG 08 VB), Get a Infopass. It doesn't hurt you, but it may help your case



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  • vinabath
    07-31 12:54 PM
    When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?


    Dont use.
    1. If your 140 is pending.
    2. If you are still single. You cannot bring the spouse on H-4.
    3. If you think that it may take 3 years to get your GC.

    Use. This is a tough one. I do not suggest using it.
    1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.





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  • gcpain
    03-29 08:22 AM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them

    We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.

    DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.



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  • bheemi
    02-20 11:20 AM
    Hi,
    i would like to convert EB3- pd to Eb2.
    My sistuation is like this . pls help mw if you know if this is possible:

    1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
    2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

    Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

    If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

    When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

    If somebody clarify me that is great .

    Thanks





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  • WeShallOvercome
    07-30 03:28 PM
    Do you get the FP notice by email or snail mail?

    snail mail





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  • martinvisalaw
    06-16 10:23 AM
    I have a quick question though it is not related to family petition.
    what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
    does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
    In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).

    Thanks

    When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.





    kak1978
    06-05 10:50 PM
    I saw the same status message yesterday. But it was delivered today morning at 5:40 am!, Weird!!


    I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says

    Status: Notice Left

    We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    The address where i sent is
    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    Any clue what may be going on - this is another round of fun :confused:





    rameshvaid
    05-27 10:22 AM
    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.

    Thanks Bfaldia for sharing the info..

    RV



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