Tuesday, June 28, 2011

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  • rkumar28
    02-19 09:32 AM
    Attorneys....Would appreciate any advice on this....

    Thanks




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  • vicks_don
    08-13 09:37 AM
    Just fyi to be cautious.

    There was a CBP Admission Review Squad at Washinton Dulles Airport on 11th evening. They sent all passengers from multiple flights to secondary check where they had to wait for over 4 hours. They were instances were people were not admitted or given just 1 month entry with specific instructions written on I94 that they cannot apply for EOS or AOS. This is for visiting Visa.




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  • iam_amit
    10-02 12:17 AM
    I need URGENT HELP!!

    I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.

    My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."

    So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).

    Can anyone recommmed,
    1)what actions can be taken to reserve my PD of NOV 2007.
    2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
    3) What should be the best solution to my problem...

    Laywers mistake i have to suffer....can I sue my laywer.




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  • GCBy3000
    04-06 04:06 PM
    Hi, I have a question.

    1. My colleague crossed 2 years after filing 485. Frustrated with GC processes, he is switching company for better career prospects. He is using his EAD and invoking AC21. Is it possible for me to use his labor? If no, why?



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  • StukAtBEC
    08-04 10:57 AM
    All,

    I' am a new member and I recently read about IV group on samachar.com with regards to the flower campaign. Congratulations to all of them who could file thier I-140's and I-485's. Special thanks to all those who were involved in getting this resolution.

    This is my first post and I would like to know if we can all get together and request DOS for accomodating all the pending applicants with BEC's during the October's Visa bulletin.

    I know it sounds ridiculous but if you put the numbers together...currently there are around 25000 applications pending with BEC's and by Aug 17th those numbers might come down to 22,000. I' am not sure what would USCIS or DOS would gain in holding these 22000 applications back. May be 50,000 with dependents.

    The best solution would be to have PD's of April'2005 for all EB categories in the month of October'07. If IV group could lobby for all the remaining applicants at BEC's, then it would be ideal for every one. Justice to all aspiring legal immigrants.

    All of us can then focus our energies on other issues like Visa numbers, capturing unused visas, not counting dependents in the visa quota etc.

    I hope everyone (those who have already submitted I-140's and I-485's) can support us on this issue and this should be on top of all the priorities.

    Please provide any suggestions you might have on this subject.
    ************************************************** ******
    My labor details:
    EB2; Nov-2004; Non-RIR; Stuck at PBEC.




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  • 485Mbe4001
    05-21 12:36 PM
    you bet, here is the first draft.

    illegal waiting at the border = 500 points handed in a platter when you cross the border. 100 additional points per day for 6 days after you cross 50 ft beyond the border.

    illegal in the country = 500 basic points + 500 bonus points + 100 points on compassionate grounds

    legal + skilled = zero, nada, zilch, legal have been awarded 1 point for every month in the country on compassionate grounds


    points for GC 600
    points for GC via fedex and no paperwork 601 points.
    :p I say this in jest but, this is where we are heading :mad:


    take your pick... call the senators and tell them of our problems...


    Does anyone know how are they planning to calculate the points and how much points do you need to file GC/eligible for GC?



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  • vengaiah
    11-28 06:47 PM
    I am with company 'A' filed I485 and got EAD , while continue working with company A , can I work part time for Company B? If yes how to take paycheck from company B?

    Thanks in advance...




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  • Sammo
    04-23 05:29 AM
    Thanks a lot MTSoul and λ :) Much appreciated.



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  • cel_tic
    08-16 02:27 PM
    Hello,

    I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.

    Anyone who has travelled through Germany with expired H1B visa stamp?

    I have to travel within a week and I would appreciate your advice.

    TIA




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  • roseball
    10-19 10:50 AM
    A startup in the area filed for my PERM and it was approved in June 2010. Right now, they are in a mess about their tax returns and reauditing with their CPA and it seems that they will not be able to provide tax statements for this year end.

    That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...

    I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.



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  • mnq1979
    08-31 12:58 PM
    is there any one who got the interview notice, even after replying to RFE.
    My RFE was to prove my legal status and my wife was to provide the BC.




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  • CRAZYMONK
    04-26 08:45 AM
    Techically, you can't use Employer A stamping as you never worked in US.

    You can give a try but not before october 2010 as the employer B petition is valid only from october 1 2010.



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  • Keeme
    03-03 02:33 PM
    Hmm...so the Name Check hell is back.


    Good news for EB2 I/C and all EB3 old filers ! These will save huge number of visas for them. Not many People who have filed in July 07 Visa bulletin fiasco would have FBI name check pending.




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  • nixstor
    03-27 03:13 PM
    You would send the needed paperwork and she will appear for her visa. You wouldnt need to be along with her unless you are already out of US and has a expired visa.



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  • akilhere
    08-27 08:12 PM
    I'm currently working on an H1B (12th year) for my original sponsorer. I also have an EAD which i have not used yet. My spouse is working on an EAD.
    I'm planning to start a new business with a couple of friends of mine (who are GCs and citizens). How do i go about it?
    Do i have to make my wife a co-owner and work in this venture as a 1099 or can i be a co-owner in this company and use my EAD for it? Please note that i do not want to quit my full-time current job with my employer(sponsorer).

    Any help on this would be appreciated.

    Thanks in advance




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  • krustycat
    03-05 08:30 AM
    03/03/2008: USCIS Pending Application Cases Per Type at January 31, 2008

    * I-140: 150,292
    * I-485: 813,238
    * I-765 EAD: 165,596
    * I-130 Family Petition: 1,331,114
    * I-90 Green Card Renewal: 169,350
    [Footnote: Initial Receipts data only reflects the number of applications that USCIS was able to fee receipt and/or data enter into a case processing system. Applications currently held in USCIS mailroom facilities but not processed to the point of recognition as Initial Receipts are deemed frontlog cases. These frontlog cases are also not reflected in Pending figures.]

    http://immigration-law.com/ (Break News)



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  • bhagat69
    03-06 05:41 PM
    Hi, I am actually in a similar boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

    Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

    Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

    Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

    I will really appreciate someone who has experience with these issues to advise me on them.




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  • lsgv1
    09-28 08:12 PM
    Hi,
    I am a july 21 filer and received I-485 notices on Sept 26. I am required to join my job on Oct 8 and i want to use the EAD for that.

    My question is, if i see the status as "card ordered" before Oct 8, then can i call USCIS to get the EAD number before joining the job. OR does the employer need to be shown the EAD card before joining.



    It looks like it is taking 1 week from notice date to see the status change to "Card Ordered" and another 7-10 days or more to get the card.

    thanks,




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  • Ann Ruben
    06-25 04:28 PM
    In the US, attorney ethics rules vary somewhat from state to state. In most states, you are clearly entitled to all substantive materials contained in your case file. Unless the retainer/fee agreement clearly obligates you to pay for copying costs in this circumstance, the law firm should give you the documents you want without charge.




    Eli2007
    09-24 06:09 PM
    Does anyone know how much time Iahev to apply for the I-140 after the LC has been approved. I need help!!!




    Sunx_2004
    10-18 11:02 AM
    That helps somehow I was under impression that once you invoke AC21 you have to use EAD. I prefer to be on H1 as long as possible till GC come.

    Cheers

    yes. AC21 is a provision to allow you to change employers without affecting ur 485. It has nothing to do with work authorization. Your authorization can come from ead or h1 transfer.



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