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  • mohitb272
    03-19 01:17 PM
    No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...





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  • masti_Gai
    11-07 12:45 PM
    Mail this letter to your parents...
    when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US





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  • Immigstories
    01-17 07:17 PM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.





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  • jonty_11
    07-05 03:39 PM
    I dont think WE are bred to be competitive as u said....
    if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.

    I would call it unhealthy competition



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  • eb2_mumbai
    10-28 03:48 PM
    Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.

    FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.





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  • whitecollarslave
    02-13 01:27 PM
    http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg

    Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.

    This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.



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  • nemadeni
    08-28 03:18 PM
    we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.

    Anybody doing this?





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  • prem_goel
    07-06 12:48 AM
    Please update your profile so that I and others can help you effectively.

    Can you share the link where you read that adding F1 to I-485 application is allowed? I am pretty sure that being on F-1 visa the intent to immigrate is not recognized. (Think about it, we would have all the students applying for Green cards then:)

    You need to share your priority date as well as when you applied for 485. Assuming your 485 has been pre-adjudicated like a lot of people, I would think an RFE would only be triggered if you have any service records update (like address change on 485, I-140 withdrawl etc). Else they'll just wait for your dates to get current and once it is, they'll simply allot you a visa number.

    Secondly, please recognize that once you lose your H-1b status, you will not be able to add your wife to 485 through AOS, but she will have to go through Consular Processing (UNLESS YOUR WIFE OBTAINS HER OWN H-1B or L-1).



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  • shreekhand
    07-16 03:01 PM
    BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.

    see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    So there is now a choice till July 30 for everybody's kind information!





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  • milind70
    07-25 12:33 AM
    Passport is a travel document and has to be in order if you are travelling or have to stamp a Visa,but your I-94 has to valid when you are applying for AOS.

    Passport is much more than a travel document, it is your identity abroad .All you identities here are based on passport.It is a document which proves ur citizenship.It is recognized world wide. If you are living in a foriegn land you are supposed to have a current updated passport that is expected. Try renewing an expired passport it takes much longer than renewing an unexpired passport.



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  • rajivkumarverma
    10-16 07:18 PM
    Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
    hope it helps .
    Hi Talash
    If I file my new labor and I-140 will I lose my old priority dates





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  • mbartosik
    03-12 04:08 PM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.



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  • dingudi
    09-30 06:48 PM
    Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).

    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet





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  • mdmd10
    08-31 10:48 AM
    I don't understand why are you raising this issue in a forum specifically designed to address immigration issues.

    If you need to find a good desi consulting company then you would have to do your own research. After all what would you expect from the members...company A is good and company B is bad!

    You are not going to get a definite answer from this forum! Also, please understand that there are many members here that may not work for desi consulting companies or are desis for that matter. Do your own research and find a company that works for you without soliciting opinions from a forum not designed for such responses!

    My humble 2 cents!



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  • mzdial
    March 22nd, 2004, 12:28 AM
    Yeah.. it was one of the loudest games I've been at.. Definately playoff noise levels. Too bad the outcome wasn't the way I wanted it.

    Sorry.. no shots from the season ticket areas.. Someone probably would of said something when the big ole' white lens came out. :-)

    -- Matt





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  • buddyinsd
    02-13 07:09 PM
    For my final H1B extension, I used Chugh law firm and my employer did premium processing with them. Got my 3 yr extn in 2 days!!! Not sure if its the law firm or just my case.But they were prompt in paperwork and my interaction with them was only twice. Just honor their checklist and u r done.

    However, for GC, I used Mr. Michael Khosla's (The Law Offices of P. Michael Khosla & Associates, P.C. www.usimmigration.net (http://www.usimmigration.net)) services. Reasonable fee and awesome service. Never had any issues and got my GC in 2010

    I was fortunate to have worked with these wonderful firms from H1 to GC



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  • ksrk
    08-15 02:13 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.

    Thanks

    1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.

    2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.





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  • m306m
    04-15 02:27 PM
    Congrats. Enjoy your GC. Do pray for us and continue to support our efforts.

    I have been with the same employer for over 8 years. I am sure it will be 9 years before I get my GC. I am very happy with my employer and want to continue with them after I get my GC.





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  • webm
    12-15 04:35 PM
    I had filed for my 485 during the July 2007 time frame .
    PD - July 2006.

    I got my FP notice and got the FP notice stamped in FEB 2008
    The stamp reads


    Biometrics Processing Stamp
    ASC Side Code: __________XTESANJOSE
    Biometrics QA Review by ________ (officer's signature)
    Tenprints QA Reivew (officer's signature)

    Does this mean that I have security clearance ?
    Basically, what does the stamping mean ?

    Thanks in Advance !!

    When did your last FP was done?? is that in Feb'08??





    surabhi
    05-21 09:54 AM
    from one of the attorneys. Not sure if anything changed in past 18 months.

    Attorney_13
    Attorney posted December 08, 2006 03:06 PM
    --------------------------------------------------------------------------------
    If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.


    Attorney_13
    Attorney posted December 20, 2006 05:00 AM
    --------------------------------------------------------------------------------
    What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.





    gcgonewild
    07-29 02:27 PM
    Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

    Family spillover for 2009-10 is approximately 10500, and is already allocated.

    We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

    My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(



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