Monday, June 27, 2011

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  • tnite
    07-26 03:16 PM
    Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure


    To be safe change her to H4





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  • zoozee
    07-30 02:10 PM
    I too am eager to receive the receipt but since i have signed the G-28 form i guess have to rely on the lawyer of the employer.

    Zee





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  • Erin Wasson Style 2011 - Page 2 | Erin Wasson Style 2011 - Page 3 | Erin



  • gchopefull
    10-02 03:52 PM
    just pm you.
    thank you





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  • Better_Days
    10-19 09:43 PM
    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

    The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

    Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

    The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

    Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

    Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

    If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

    Any comment on any of the above questions will be highly appreciated.

    Thanks for you time.



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  • chanduv23
    05-21 06:23 AM
    We were driving on i 87 in between Albany and Montreal where they set up a temporary post on the highway and checking every passing vehicle.

    The broder security officials asked us for our passport and work authorization and we did not have them with us.

    They made us sit for sometime while they verified our valid status and then something funny happened.

    My wife's h1b is valid from June 2006 to June 2009 and the status check yielded it well.

    Mine, it said Valid status from May 2000 to October 2002. This was exactly the status on my first h1b. So they tried to grill me as to what I am doing in the country after my valid status is over.

    I explained to them about h1b transfer .... and how I still maintain status and then they said they can look me up by petitioner's name. When they did that, they found my current record.

    Then they advised that we carry documents all times as they are trying to catch illegal immigrants.

    So in general, please carry your documents if you plan to go for long drives or fly.





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  • at0474
    01-09 02:30 PM
    My guess:

    No change in EB2 dates for India. Slight forward movement for EB3.



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  • STYLE OF ERIN WASSON-FIERCE



  • Libra
    08-03 12:36 PM
    Apology accepted and now i ask you to contribute for DC rally.....will you do that?

    Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.

    I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.

    Libra-

    I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....





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  • supers789
    07-23 03:01 PM
    got following from another iv thread..
    btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.

    Thanks!
    -------------------
    <i>July 21, 2008

    Fragomen and DOL Agree to Return to Normal Processing
    For Newly Filed PERM Cases


    EXECUTIVE SUMMARY

    The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.


    After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.

    While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.

    Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."

    If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.

    Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>



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  • Love her style: Erin Wasson



  • RiaonH4
    01-18 10:30 AM
    There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?

    Add says -->
    Attention H1B, F1s, L1s
    To difficult to get USA green Card?
    Canadian Green Card helps you stay in USA Legally
    You do not need to move to Canada
    Get a Canadian Green card as a Back-up

    Linky --> http://www.maple-immigration.com/ad_index_en.htm

    :confused:
    Ria





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  • bestia
    08-08 09:08 PM
    ...you can also consider getting married :) which will open up more options for you

    ... as well as closing down many other... ;)



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  • sansas
    01-21 07:28 AM
    hi dionysus
    i got this from some requirement agencies





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  • kumar1
    12-08 01:23 PM
    bump
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post



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  • HRPRO
    03-07 12:32 PM
    That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.

    Krish,

    I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

    Read carefully before jumping into conclusions.





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  • desi3933
    06-19 10:07 AM
    If there is sufficient time left on H1B, can one go for stamping at consulate although I485 is filed.

    Yes. H1-B stamping has nothing to do with I-485 filing.

    Please do some research before posting any question. Thanks!


    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002



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  • GCVictim
    05-07 11:57 AM
    Me and my wife got soft LUD on 485 files. the date was 03/19/2009. we are Jul 07 filers. PD was May 07





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  • mrajatish
    09-17 11:27 AM
    Few things to remember
    1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

    2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

    3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

    Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

    I think people from India with post 2004 Pri dates should
    a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

    b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

    c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

    d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

    e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

    Use this thread to post new ideas.



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  • inskrish
    08-01 12:04 AM
    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.

    Pappu,

    Just wanted to clarify, is it 'Leaving' or 'Leading'?





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  • Pineapple
    07-27 02:45 AM
    I just tried the phrase "Change of address", for the heck of it, and it was spot on.

    Non-tech guys like me can never figure out how you guys do all these cool things :)
    Very good work.. very useful.. I've added it to my bookmarks now. Thanks a lot.





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  • vin13
    01-16 01:07 PM
    Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.

    In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.

    I think we are talking of two different aspects.





    smuggymba
    03-07 01:24 PM
    How many years do you have left on your H-1?

    6 months.

    Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.





    lacrossegc
    09-06 03:56 PM
    keep in perspective that --
    H1B Visa is a travel document required for entry into US.
    The green Card is for sponsorship towards FUTURE employment.

    In all cases I dont see any problem with what you are planning to do ...
    as soon as you adjust your status you can move back to US provided your company gives you the same/similar job as you were approved for by the green card.



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