Friday, July 1, 2011

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  • solaris27
    03-20 10:04 AM
    no diffrence in selling a house on H1b or EAD





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  • reno_john
    06-16 02:02 AM
    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!


    Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
    As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.





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  • Zee
    04-06 06:10 AM
    http://www.nytimes.com/2006/04/06/washington/06immig.html?_r=1&oref=slogin

    http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html





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  • lagsam
    04-10 11:20 PM
    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.

    I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.



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  • perm
    04-05 03:29 PM
    paragpujara,
    I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.


    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.





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  • gsc999
    01-18 01:35 PM
    Needhelp, new year greetings!

    Its a team effort, nandakumar, abhijit and few others are behind this new effort. You will see, as the day progresses.


    Wonderful news!
    And gsc is back with a bang!



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  • IV_Friend
    03-30 12:18 PM
    Dear Attorney,
    Thanks alot for taking your valuable time suggesting us on this issue.
    I appreciate your help.

    This information is very much helpful.





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  • webm
    02-14 09:28 AM
    "If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current."

    I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.

    HTH,



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  • sunny1000
    06-28 06:10 PM
    Hello Folks,

    As a last ditch atempt, I am trying to e-file form 907 for upgrading my pending 140 app to premium processing (through employer). However when proceeding with the application, in the related forms section, the only available option in the drop down menu is I-129. How would I proceed for I-140?

    If anybody know, kindly show the way.

    Thanks,
    Sriswam

    I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.

    www.immigration-law.com





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  • cahimmihelp
    07-15 12:56 PM
    Hi,

    This is my second effort to get the answer. There are so many posts on this kind of topics but I am not getting any clear answer. I would appreciate if someone can throw the light on this topic.:confused:

    I am working with a consulting company and my company filed for my GC in 2009 (PD is 25-Feb-2009). I received my I-140 approval on 28-Feb-2010. Now the client where I am working, has offered my a fulltime job and GC processing. I have received mutual consent from my current company for any legal issues. Now, if I join the new company and file my GC from there, can I port my Priority date for the new processing? Also, what should be the earliest joining date? What all other precautions should I take while filing GC with the new company?

    I received the offer on 07/09 and have to give my decision by 07/15. I would appreciate if anyone can help. I got one day extension in deadline. Please answer someone...

    Thanks a lot,

    CAH



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  • Marphad
    03-29 11:12 AM
    I will still wait for lawyer's opinion.





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  • antihero
    04-14 11:13 PM
    IV does not support any fraudulent activity by anybody, whether employees or employers or anybody else.

    It because of faking the resumes by unscrupulous individuals things have come to this pass. Many genuinely honest and hardworking folks are slogging on in the GC queue while many who can't even spell technology have got GCs in a matter of months by exploiting loopholes.

    My advice, go back to your home country, get some education in your chosen vocation and restart your career through honest means.



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  • fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.





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  • amsgc
    06-20 09:43 PM
    Your interpretation of the original poster's statement and your bottom line assertion are both incorrect.

    The original poster has said that s/he has a valid visa till 2010. Even if s/he has the I-94 that came with the H-1B approval notice (assuming they did a change/extension of status), that I-94 doesn't define the status of the benficiary once s/he leaves and re-enteres the country.

    What matters is the Class of admission and duration of status on the most recent I-94, not just any I-94.


    S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.



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  • john2255
    10-21 01:48 PM
    bump





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  • reddy77
    04-13 08:23 AM
    Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....



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  • aadimanav
    10-26 09:42 AM
    On Home page it is still not fixed.





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  • st4rguitar
    04-06 01:39 PM
    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.


    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you





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  • Anders �stberg
    June 16th, 2005, 11:07 AM
    Thanks for your comments! I'll see what I can do to lighten the second one up a little bit more. Please feel free to experiment if you like.

    EDIT: OK, I've lightened the mid tones a bit, hopefully there's some detail visible in the feathers now. I don't want to make it too light though. Black feathers are difficult...





    addsf345
    07-17 07:19 PM
    Please read this: Entering Canada � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)

    Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.

    The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.

    while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?





    admin
    05-18 10:40 PM
    The title means ... You r right, not only Indian, but Chineese, Russians and all others ... but title is "Indian immigrants .... " :(

    The title was something that the journalist came up with so that it will capture the attention of it's viewers. So please don't read too much into it.



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