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  • kcindian
    05-29 11:04 AM
    Gurus,

    I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    Thank You for answering my questions.
    KC Indian





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  • hpandey
    03-12 10:18 AM
    Interesting. I never received the 1099-INT. Will talk to my bank.

    You would receive the 1099-INT form only if your interest income is above 10 $ . If it is less than that you won't get it . That's why probably you did not receive it if you had negligible interest.





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  • akhilmahajan
    06-22 08:24 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............





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  • bekugc
    03-17 09:55 PM
    hi lavanya,
    since the clock is ticking, your prime concern shud be to get hold of someone who can get the paperwork done quickly and apply +vely on april 1st. He may not be the best, but as long he follows all process its enuf for now. For that matter, even if u get a rfe its OK, as long as its not rejected u r good with respectedto competing in the lottery...(possible this year also)

    To make sure they dont miss anything important, get an appointment with some local immigration lawyers and cross check the different things that need to be done ensure the appln is complete and it doesnt get rejected.

    take an appointment and explain ur situation and for about 150-200$ they will explain and give u detailed list of things needed that will serve as a checklist so that u can ensure the actual lawyer dont mess up things due to rush.



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  • gaurav_sh2
    04-30 08:41 AM
    I feel I had taken the right decision. I moved back to India in Nov 09 itself. I had a PD of feb 08 and was in EB-2 but looking at all the mess,I had decided to move back.





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  • dummgelauft
    06-15 12:40 PM
    Dear Friends,
    Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
    One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
    I have some questions
    1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
    2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
    3. Any guidelines in order to correct the information in my original certificate.
    4. Any other vital information in this regard

    Thanks you all.
    Zimmyneuro

    Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.



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  • gyrog
    06-04 10:28 AM
    Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.





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  • pappu
    11-30 06:15 PM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.

    You need to invoke IV-21 :D



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  • GreenMe
    12-03 01:13 PM
    Thanks for quick replies.

    The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.

    Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.

    Please continue to share your experiences.





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  • andycool
    11-17 08:35 AM
    Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?

    I applied for DL for me and for my wife too..

    the documents are same what were mentioned above...

    If you are applying for a transfer from other state ...

    Make sure that
    1)you have your vehicle registered in TX ,
    2) carry 2 proof of address .
    3) carry proof of insurance ( they ask for this :confused:)
    4) and carry your employment letter ....some times they insist on this .

    Hope this helps



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  • dan19
    08-22 01:24 PM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!





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  • pappu
    09-09 11:40 AM
    http://immigrationvoice.org/forum/showthread.php?t=21393



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  • life99f
    05-25 09:33 AM
    At least, the article shows the TWO side's stories from the people who against us and the people who favor us.
    And more important is finally someone is focusing on EB problem.

    Did you think it was for us then?





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  • bbenhill
    01-09 01:03 AM
    so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?

    They don't get free renewal .. they have to pay everytime they renew their EAD/AP. :(

    luckily right now we can get 2 years EAD for every renewal (some conditions apply).

    ps : need more green <hint> <hint> :D



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  • Hermione
    09-20 01:42 PM
    And what is the message again? You are leagal and highly skilled? Good for you! Now I am going to go and attend to more urgent matters.

    The message should be a call for action and it should be shorter.

    Raise EB quotas! Exempt derivatives from quotas!

    That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.





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  • nlssubbu
    12-18 04:43 PM
    I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:

    An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.

    Therefore, yes, an approved I-140 can be reversed and denied.

    Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.

    Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.



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  • roseball
    02-18 03:25 PM
    Thanks, Elaine!

    I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?

    Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.





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  • GC Struggle
    04-10 11:49 AM
    Hi Guys -

    I have a question about EAD and related to it is a question of re entry in US.

    I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.

    Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.

    Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.

    If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???

    Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)

    It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.

    An approval for an AP takes considerable amount of time.

    Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?

    There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada

    Gurus - please help me here...........





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  • clockwork
    07-18 05:24 PM
    I have some more docs about 485 standard op process, AC21 relief, 485 interview waiver, filing guidelines for EB based immigration petition etc.. but not able to upload. they do fall under max size limits.. Any hints..

    Hey,
    you can mail me to this id <received>. I can split up the doc and post it as multiple items. Thanks -

    Thanks. I received it. Files are pretty small. I dont know why you were not able to post it. Let me try.





    alexmat01
    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex





    dan19
    08-28 03:16 PM
    Thanks!
    PD: Sept 2002

    I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?



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