Wednesday, June 8, 2011

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  • sbmallik
    10-19 10:13 AM
    Answers below:
    1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
    2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
    3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
    4. Not heard about that.




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  • adi787
    08-30 09:18 PM
    hey guys..

    I heard uscis is introducing new procedure for LC. any one knows any details.




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  • nashorn
    12-12 03:03 PM
    Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
    Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.




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  • sujitg
    11-28 02:38 PM
    Hi,
    I have seen that myself a couple of times. I had read somewhere on the USCIS site that the dates get updates also as a result of some backend process that they run on their side too, not necessarily when status change happens.

    Hope that helps

    Sujit
    PD april 30, 2002
    I-485 Jan 8, 2007

    Waiting....waiting...waiting...



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  • Deepika
    08-14 04:38 PM
    Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.




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  • andy garcia
    02-08 09:01 AM
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.

    Macaca:
    These are the descriptions for L visas.
    L-1A/L-1B.

    An L-1A is an alien coming temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period immediately preceding the filing of the petition, in an executive, managerial or specialized knowledge capacity.

    An L-1B is an alien coming temporarily to perform services that entail specialized knowledge .......

    All it takes is a greedy lawyer to get them.:mad:



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  • sc3
    10-22 10:22 PM
    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!

    Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.

    (Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).




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  • Lasantha
    02-20 11:20 AM
    Can you do that even if the earlier I-140 is from another employer?

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.



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  • snathan
    02-25 10:58 AM
    They normally will give time to pack up. Last month one of my friend's colleague got rejected (I also knew her) and they give her 10 days to pack up. She is working for HP and she moved back to India.

    Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.




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  • sri1309
    11-04 07:01 PM
    Please delete this thread, Admin.

    We believe this guy did it by mistake.. pls dont shout at him..



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  • brb2
    11-03 07:02 AM
    Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.

    ....
    one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov

    i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.

    i may be too naive but nevertheless why miss the opportunity to spread the word around...




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  • neelu
    03-28 08:26 PM
    I understand that IV needs the money to get things done. But money is not the only thing IV needs. It needs people to volunteer, make calls, meet lawmakers, participate in rallys, general conference calls and start motivating campaigns like the one availing FOIA. If money contributions are the only way for people to be up-to-date about status of IV activities, then what about the people who contribute in other forms?

    IV may get the money needed, but at what cost?



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  • stemcell
    07-14 04:17 PM
    Thanks for the update paskal.

    It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).




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  • Lasantha
    07-05 01:11 PM
    I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...

    in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...

    my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...

    yes, I never looked at it that way.



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  • l8A
    10-05 11:09 AM
    I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.

    http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us

    Thanks a lot. I'll definitely see my lawyer today, but section 245(k) as you pointed out does look promising.




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  • ksircar
    08-10 07:59 PM
    In absence of birth certificate you may get two affidavits on stamp paper - one from your parents and another from someone other than your parents (that is what my attorney told me).

    If you can't file by Aug 17th, then the situation is just anybody's guess. Some people are talking about retrogression of dates back to 2001. So you never know what is going to happen.

    Do whatever you need to do - you have only couple of days left.

    Best of luck.



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  • redgreen
    06-06 05:16 PM
    We are interested in knowing the source of this rule!
    If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.

    I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.




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  • roseball
    10-26 04:01 PM
    DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
    I don't know what you mean by starting the GC process, you mean file I485?

    As far as I know, your only options to get GC are:

    -- DREAM ACT (which is not something you can control)
    -- Marry a US Citizen (which obviously is something you can consider)

    In the meantime, whatever you do, do not go out of the country.




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  • redelite
    08-20 04:40 PM
    I can fix an outline up no problem.. good call though, and thanks guys! :D




    gc_dream07
    03-04 05:14 PM
    I think you can do some community service. Check with public library or school.




    aadimanav
    06-14 12:30 AM
    Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ?



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