Friday, June 10, 2011

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  • danu2007
    08-03 05:14 PM
    Hi All,

    I am not sure whether this has been answered earlier. Here is my situation.

    My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer

    Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.

    Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.

    Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.

    So I am confused in this case and my employer will believe in what the company law firm will say.

    So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?

    Thanks





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  • nb_des
    09-21 02:39 PM
    As I understand even NumbersUSA support removing the per country cap.





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  • watertown
    03-11 11:50 AM
    Guys, I've aske this in another board but does anyone know any good attorney in Boston area who can handle WOM/ AC21 like stuff?

    My company lawyer doesn't even bother to reply my e-mail!!!! Thats Todd and Weld





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  • DDash
    08-06 04:36 PM
    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:
    Ceter: TSC
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006



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  • LloydsApple
    11-12 04:39 PM
    The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)

    Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.





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  • HRPRO
    02-03 01:28 PM
    In addition to the job requirements reading the required experience, the job description has to spell out the required experience and the job description has to justify the required experience.

    Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.

    More importantly ensure you can get the experience letters to back the experience listed in the JD



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  • nonimmi
    03-11 12:25 PM
    This is the problem with most of them (attorney). Once they receive full payment, they dont even care to respond or take any interest in our case. More clients they have more misbehavior we face. Anyway if we look for some real good attorney and find details about him/her it can be good for all of us. I dont think location is that important if attorney is good. Lets do a countrywide search and if someone has real good experience with their attorney please let others know.





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  • rsrikant
    07-20 10:17 AM
    hi,

    i can't open this link...

    http://www.uscis.gov/portal/site/usc...0ecd19 0aRCRD

    please give me the right link.. thanks.



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  • wandmaker
    08-06 04:47 PM
    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

    Your wife's application has reached USCIS on 8/1 and your approval came in today. You are covered, nothing to worry





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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.



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  • wandmaker
    08-18 10:54 PM
    I did B.E in Computer Science Engg, 4 yrs Course.

    I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

    That's all i know at this moment. I don't know whom to trust at this point.

    When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card





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  • pd_recapturing
    04-28 08:32 AM
    I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
    Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.



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  • Tantra
    07-13 11:40 AM
    Please post a message here to help encourage more guests of join in.





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  • Law Loving Alien
    10-25 03:36 PM
    DUDES,

    I appreciete your's feedback....but my PD is current as of now ( again it may retrogess in future...who Knows....) and please note I am not using subsititution labor approvals...

    Do you still think converting I140 to premium processing would be worthwhile and would expediete whole process including I485.......



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  • zeal2005
    02-11 12:25 PM
    My GC was filed by Chugh firm and I did not face any problems so far. I left my GC sponsoring company as well and still continuing with them for AC21 and other issues. In general, you have to carefully verify the data in the application that the firm feel up but that is applicable for any law firm you choose.





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  • leo2606
    10-15 09:35 PM
    Is your degree 3 years, 4 years or AMIE?


    Hi
    I filled my I-140 & I-485 on Aug 2007.
    My I-140 got denied on August 28-2008.
    I came to know about my denial on Oct-15-2008
    I did not get any REF on my I-140
    My I-140 was filled under EB-2 category
    My Labour does not metion anything about EB2 or EB3

    What are my options ??? :confused:
    Can I apply for MTR? My attorney is saying you need to start all over again
    Please advise



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  • mdipi
    11-02 08:40 PM
    hahaha! lost this was by accident too! see i had to do an interview for a school so i was all dressed up, so i posed like a weather man for a pic....so i went to Weather.com and got a local map that i was going to use to put behind me. well the extract tool didnt do exactly what i wanted cause i had never used it, so i did it like a quick mask. so in the end of the filter it ended up making it like all 'rough' on the edges. so i brought the map in....scaled it to size on the screen (i sized it to the whole screen. oh by the way, after i imported the pic onto the new doc.,i difference clouded it).so after all that i put difference clouds on the map too. i changed the layer blend to color blend and vola. it looks cool w/burn too. i have been playing around ALOT w/it. i think it is a big step for me! :beam:



    -mike:cyclops:





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  • prioritydate
    08-13 12:31 AM
    When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?





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  • gc140
    10-22 07:34 PM
    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.





    gcpain
    07-24 04:32 PM
    ^^^^





    HV000
    12-30 10:23 AM
    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.

    I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.



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