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  • supers789
    06-19 09:04 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.




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  • jhokimi
    02-02 01:37 PM
    I filed for labor cert in april 28, 2004 and I now have all approved including I-140. My I-485 receipt date is July 3, 2007 in Nebraska. Does teh July 19 date USCIS is showing mean I will get my green card soon. What should I expect moving forward and what type of timeline?

    Thanks guys for all your help.




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  • samcam
    05-19 01:42 PM
    Welcome to our newest member, NBA




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  • saketkapur
    07-31 07:01 PM
    I hope they did not hire "loser's guild" to do the job :D:D:D



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  • walking_dude
    08-03 09:12 AM
    If Priority date is 'Current', you can't apply for H1 extension!

    I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.

    What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?

    What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.




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  • ramus
    06-15 09:14 AM
    Great.. Thank you..

    Very good thred.


    contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.



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  • sc3
    10-07 05:40 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Do you have an unexpired visa? If so, just traveling out of US and coming back through port-of-entry should do the trick. For best results, try an airline travel. YMMV.




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  • kum31
    10-04 12:10 PM
    Thanks for your response ...

    contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.

    so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?

    Hope it is clear for you ....



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  • no-tec
    10-20 09:18 PM
    i got sotw a few weeks ago. what swirl thing?




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  • HRPRO
    03-08 02:28 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    MSG,

    Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.

    1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.

    2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.

    I think one of these would not have satisfied the VO's questions and could have triggered the rejection.

    The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.



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  • pointlesswait
    01-28 05:21 PM
    Obama's Father.. was from kenya :D




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  • abc
    11-07 12:43 AM
    http://immigrationindia.nic.in/registration_requirements.htm



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  • meridiani.planum
    01-18 01:13 PM
    Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.

    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".




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  • lostinbeta
    10-24 12:19 PM
    Haha... I got there on the highwind.

    If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.



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  • ChainReaction
    06-18 12:41 PM
    yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.

    and btw, h1b premium processing takes 15 days, so don't panic.


    I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?

    The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.




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  • uslegals
    11-04 03:15 PM
    radhay - i have sent you a PM. I would appreciate it if you can please respond.

    Thank you!



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  • shruthii_1210@yahoo.com
    09-30 08:05 PM
    All the above answers are favor to the employer and not to us (employee).
    Can any of you help by posting some ideas (for changing the employer before 180 with the approved i140 and EAD cards) in favor of the employee bcz i am really very sad about my situation. plz help brothers !!

    Thanks
    karthick




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  • tnite
    10-05 09:28 AM
    My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

    Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

    My question...from anyone else's experience/info

    Will I get a RFE for the PERM LC hard copy or a rejection?

    How does that affect my pending EAD/485? think i know answer..all goes down, right?

    I hope I get a RFE, not rejectiong on 140.
    anyone have any info, experience, please share..

    I dont think you will get a rejection. RFE is the most likely answer
    Am I 100% sure, No




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  • gconmymind
    04-24 02:34 PM
    This is the first time I have seen so many approvals with such regular frequency. Congrats to everyone who got approved. It is also a good sign for all of us still waiting...




    ebizash
    08-03 10:20 AM
    Good Idea!




    gmail
    07-22 01:31 AM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.



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