Saturday, June 11, 2011

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  • desi3933
    06-18 02:56 PM
    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months.
    Yes, New employer needs to file for H1-B transfer.
    Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
    No.

    2. Should I join the new employer on EAD, which will be approved for 1 year by then?
    It may be good idea to join on H1.

    Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
    GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.


    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
    Invoke AC-21.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
    Search on these forums. It has been discussed in detail.

    Thanks in advance!

    See above in blue. This is NOT a legal advice.





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  • Almond
    07-17 09:17 AM
    If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.


    That's your alien number and it's given to you when your I140 is approved. See my post above.





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  • yingli
    08-23 10:59 PM
    My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

    I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

    Can someone recommend a good lawyer to me? Many thanks!

    YL





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  • Leo07
    10-09 06:55 PM
    Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"

    How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.



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  • gceverywhere
    04-10 11:36 AM
    This may be something that's already been addressed somewhere so my apologies in advance if that's the case

    I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?

    Another question is: Are we also going to get a 3-year AP?





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  • eb3retro
    03-16 01:49 PM
    Hello Everyone,

    I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.

    Please advise.
    Thank you.


    how abt u update ur profile first.



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  • reverendflash
    10-21 03:54 AM
    No, no problem with asking me any question... just beware, I might just answer you! :P

    Nothing sinister... she's still alive, married again... hope she's happy (we've spoken twice in10 years)...

    Right after that I kinda had an epiphany about not liking who I was becoming, and saw it wasn't where she was going, so I left, at about 3:00 in the morning, with her ring in my hand (she threw it at me), and the clothes on my back...

    We will just say my life became much more spiritual from that night on... :cool:

    Rev:elderly:





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  • fittan
    09-18 11:18 AM
    vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

    wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.



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  • amitga
    02-15 09:30 AM
    If she worked in India in past 3 years for at least 1 year for the same organization. She can get a L1 Visa and then get the GC processed on EB1 category. She will get her GC in 7-8 months.

    :confused:

    Gurus,
    Please advise.
    Can a spouse of Green card holder get an H1b visa.
    Spouse is currently studying MBA final sem.
    She has 3 year industry work experience.

    An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.

    The question :
    Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
    What are chances of her obtaining h1b visa ?
    I heard H1B is a dual intent visa.

    Thanks in advance for your time and efforts on this issue.

    USGC07





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  • snathan
    05-04 06:20 PM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.

    If no agreement is signed once you receive the legal notice, take it to an attorney and respond with legal notice. Do not get scared by this thugs.

    Just let them know you are ready to handle it legaly and ask them to send legal notice. If you know any of their irregularities tell them you are going to send the complaint to USCIS.

    Just for $2 only idiots will go for legal notice and law suit. They would be spending in thousands for that. Its funny how these desi thugs thinks and threatens.



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  • rolrblade
    07-26 09:30 AM
    I 765 EAD Application document.
    Yes, that was my mistake. I unwittingly put the form number for the AP. Sorry about that.





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  • amundres
    01-13 03:54 AM
    I live in northern california and has written letters to congressman, first lady but not response.



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  • jatinr
    09-27 06:50 AM
    Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?

    Thanks.

    FP and 485 will have same receipt number





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  • a_yaja
    09-19 10:51 AM
    I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

    1) Is it necessary to book tickets in India?

    2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

    Please reply with your experiences.

    Thanks in advance!

    I have booked tickets on orbitz.com for my parents and cheaptickets.com for my in-laws. Both were eTickets and there were no problems. I preferred to pay in USD over INR due to the fact that visa/ mastercard charge a 1% transaction fee for international currency and my bank would have screwed me on the exchange rate.



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  • bigboy007
    11-23 09:59 AM
    do we need a UK visa even if we have a valid stamped US passport?
    nope... but what do you mean by "Stamped US Passport"





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  • cr125rider
    04-16 01:59 AM
    LOL, XBOX Stamp, that was mine, LOL! Its okay, you actually helped with one of mine :D



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  • ImmigrationAnswerMan
    07-02 11:40 AM
    It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).





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  • Jonas73
    04-22 10:03 PM
    Hi, Yes I have a EB3 (even that I have a Masters degree and 6 years of experience) as my job only required a BS degree etc when I started working. So my understanding is now that what ever I do I need to get a new Labor/PERM and a new position within my company that requires MS degree etc that would qualify for EB2. Even if my I-140 gets approved within reasonable time I still have to wait in eternity for my date to be current under EB3? (the last time I looked back on the previous visa bulletins it looked like it was 2 years ago the EB3 was current (or PD 05 or something). That means that I will have to wait maybe 3-5 years before I can even apply for the I-485? Even that I do have the requirements for a EB2 and my company would have no issues qualifying my job to require a MS degree.





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  • anilsal
    06-14 11:43 PM
    Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
    Any advise

    Thanks
    Adde

    You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.





    TomPlate
    07-11 01:53 PM
    poda naygala. panni pasangala.
    you all are pigs and dogs. go away from me.





    sunny
    04-28 01:28 PM
    Add my second contribution of $200 to this great effort.
    Come on guys before it gets too late.
    Good job IV core team and all the volunteers.



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