ps57002
12-19 06:06 PM
I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.
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rk07
09-25 11:32 AM
R PITCHER at 9:31am on 23rd jul 2007 at NSC
How did you got your RN and ND. Did you call USCIS? or got from your Attorney?
I filed on July 23rd and signed by R. Pitcher at 9.29 AM and no news so far.
Thanks,
-rk.
How did you got your RN and ND. Did you call USCIS? or got from your Attorney?
I filed on July 23rd and signed by R. Pitcher at 9.29 AM and no news so far.
Thanks,
-rk.
ran098
07-16 07:18 PM
And why? Just because It suits you?
Too many selfish people here..
I think immigration voice should ensure that concurrent filing of I-140 and I-485 is removed.
Too many selfish people here..
I think immigration voice should ensure that concurrent filing of I-140 and I-485 is removed.
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LostInGCProcess
11-10 03:42 PM
Gurus,
Thanks in advance for your replies
Once you have started using EAD your H4 status is invalid. There is no process to notify this to USCIS. So, USCIS would not know when you changed from H4 to EAD. However, if they audit your case, they can easily find out about it....that's a different story.
I don't understand why you want to enter on H4 status and work on EAD as soon as you enter US...thereby invalidating the H4, since you are not complying with h4 status.
Thanks in advance for your replies
Once you have started using EAD your H4 status is invalid. There is no process to notify this to USCIS. So, USCIS would not know when you changed from H4 to EAD. However, if they audit your case, they can easily find out about it....that's a different story.
I don't understand why you want to enter on H4 status and work on EAD as soon as you enter US...thereby invalidating the H4, since you are not complying with h4 status.
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GCAmigo
07-13 01:45 PM
Joomla!
gcformeornot
01-06 02:33 PM
how we can do it? we didn't get anything last time. I have wife and 2 kids. So it will be $1800.... when I checked last time it was said that for those who didn't get last time will get it automatically when they file return for 2008. Anybody knows more about it? Please let us know.
Or I guess we can always use Tax Firms also.
Or I guess we can always use Tax Firms also.
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satyasrd
01-27 12:02 PM
Important Note - I think the fine print of this bill was discussed a few days/weeks ago and the visas will actually be going to recent grads (within the past 5 years). It will in now way help the EB2's and EB3's who are waiting in line forever.
I think this is the right time to work on modifying the text of this bill. If not these GC's will be given away to people who haven't even applied yet !
I think this is the right time to work on modifying the text of this bill. If not these GC's will be given away to people who haven't even applied yet !
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gotgc?
12-19 04:15 PM
1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
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Dj-Studios
05-17 02:34 PM
Thx everyone. Can't wait to see the return.:D
Is my week up yet CG? Lol My rep here is becoming bad now cause i\of the message.:D
Is my week up yet CG? Lol My rep here is becoming bad now cause i\of the message.:D
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cantonsale10@gmail.com
08-03 11:31 PM
Add one more option like 'I don't know what to do !!'
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Pineapple
04-04 10:00 PM
I totally agree with the majority opinion here.
That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
That said, is all criticism bad? Here is where it gets a little tricky.
Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.
But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..
That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
That said, is all criticism bad? Here is where it gets a little tricky.
Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.
But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..
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champu
03-12 07:04 PM
Friends,
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
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gcnirvana
05-30 01:25 PM
call ur airport, I remember a friend got his I94 extended based on new I797 at the airport.
BTW- if u have an approved I797 and an expired I94, u are not out of status....when u travel next time out of country...keep current docs with u and when u reenter...the POE officer will give u i94 based on ur latest I797..
What I dont understand is when u entered US in may 06, with a I797 of 2010
, why didnt the POE officer give u i94 until 2010?
That's because my current 797 was valid till Jun 2007 and he said he can only stamp the date that is on the current 797. I guess it depends on the POE officer and in my case its unfortunate that it got messed up. Someone in the forum mentioned that he got it for 3 years. I think its very very YMMV :confused:
BTW- if u have an approved I797 and an expired I94, u are not out of status....when u travel next time out of country...keep current docs with u and when u reenter...the POE officer will give u i94 based on ur latest I797..
What I dont understand is when u entered US in may 06, with a I797 of 2010
, why didnt the POE officer give u i94 until 2010?
That's because my current 797 was valid till Jun 2007 and he said he can only stamp the date that is on the current 797. I guess it depends on the POE officer and in my case its unfortunate that it got messed up. Someone in the forum mentioned that he got it for 3 years. I think its very very YMMV :confused:
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sam_hoosier
12-13 09:50 AM
It is a hoax :)
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pictures Corbin Bleu looks dapper - and
Marphad
08-20 11:30 AM
There is no way to clean every thing with in 3 to 4 years, Why because like EB3 china and India had country limit per year.
Country limit is EXCLUDED for employment based visa spill over. Read USCIS policy.
Country limit is EXCLUDED for employment based visa spill over. Read USCIS policy.
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Krilnon
03-21 05:02 PM
Onesimus's entry and Jeff's posts seem relatively innocuous, and they were actively trying to discourage any discord from erupting in this thread, so let's just keep it that way.
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aj1234567
08-24 02:11 PM
Thanks for your reply "WeShallOvercome", The question which you answered is on top of my head from so many days, I asked some many people and they are not sure, Thanks your help
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
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ivar
11-14 10:01 PM
I wonder if this is one of the rogue users from another forum. this is tiring to post everyday, but here are IVs acheivements:
Of course no one is forcing you to donate, you can just go around complaining, accusing and attacking everyone for the next 10 years instead.
Dude, I have also donated to IV but i am not sure why that "donor" doesn't come next to my name. I wish everyone donates atleast $25 to support IV and for you "tonyHK12" stopping being a Jerk and accusing people as being attackers (when you don't know about anyone), if you need to encourage people to donate start a new thread and direct people to the new thread.
Of course no one is forcing you to donate, you can just go around complaining, accusing and attacking everyone for the next 10 years instead.
Dude, I have also donated to IV but i am not sure why that "donor" doesn't come next to my name. I wish everyone donates atleast $25 to support IV and for you "tonyHK12" stopping being a Jerk and accusing people as being attackers (when you don't know about anyone), if you need to encourage people to donate start a new thread and direct people to the new thread.
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nixstor
01-22 11:18 PM
Lets say her H4 expires on Apr 10th 07. If her I 129 application is filed on Apr 1st, Do you think her I 129 is considered to be ok? Again, USCIS wont be able to generate a receipt notice with in 10 days and assuming that the receipt notice will be generated after Apr 10th, what kind of impact will it have as her H4 would have expired by Apr 10 th? It looks like the bi specialization program is causing more delays because the cases need to be transferred from VSC to CSC. As Andy pointed out, there is no guarentee service for H4 approval with PP.
jkays94
12-10 12:31 PM
The 'temporary visitor' designation certainly raises the specter of bias whenever the licence is used. Unfortunately once it is in place it often takes documentation of several incidences of profiling or bias before considerations are made.
peacocklover
01-19 02:20 PM
I'm not doing any favor to any body and I'm just protecting my life and my friends life. Why would any H1 guy take that risk even if his Green card application is pending and even when he is discriminated purposefully based on his country of origin in POE also in USCIS? These two issues are interconnected to each other such as buying a house for living long term in US and his application is pending due to failed immigration policies even though his employer is interested to have his services at higher priority. When few rude CBP officers don't let him to enter in to US even if he has valid VISA to work in US and even if his company needs his valuable services to the slowly rising US economy, what's the point in buying a home even though selling can be done through some Power of attorney at loss in future from home country (it becomes biggest blunder of my life if I do that) ?? You would realize when it becomes your turn at the POE. 1% will become 10% in no time if you don't react.
It sounds like your argument is like my granny's old saying 'Cat(who is considered as thief in that neighborhood) jumps in to somebody's kitchen, drinks milk by closing her eyes and she feels that nobody is watching her'. I can't make that risk by buying a house in this limbo situation though I have an interest to live in US to realize my American dream since my childhood.
Yes Sir, very true: "People do not buy house to sell it". I am not suggesting that you buy a house and sell it, I am suggesting that in case you plan on buying the house .. don't get intimidated by the bad immigration experience of few folks. My point is that in worst case scenario, if you have to go back to India (which is less than 1% chance), there are ways to deal with house situation.
It sounds like your argument is like my granny's old saying 'Cat(who is considered as thief in that neighborhood) jumps in to somebody's kitchen, drinks milk by closing her eyes and she feels that nobody is watching her'. I can't make that risk by buying a house in this limbo situation though I have an interest to live in US to realize my American dream since my childhood.
Yes Sir, very true: "People do not buy house to sell it". I am not suggesting that you buy a house and sell it, I am suggesting that in case you plan on buying the house .. don't get intimidated by the bad immigration experience of few folks. My point is that in worst case scenario, if you have to go back to India (which is less than 1% chance), there are ways to deal with house situation.
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