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  • acecupid
    06-25 11:13 AM
    I believe you should be ok since you are travelling and returning before expiry of old AP. You should be physically present in the US during application of new AP. Once you have the receipt for new AP, you should be good to go.




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  • panks
    04-01 10:06 PM
    Hello,
    I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
    In July'09 , I received a RFE on one of my two approved I-140.
    This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
    I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.

    In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
    the reason we referenced non approved I-140 because it had an ealier PD.
    The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.

    Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.


    Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :

    Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.

    The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.

    The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
    I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.

    I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.

    My question to boarders here is :

    a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
    b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
    c) Any other innovative ideas ?

    -Thanks in advance.
    Panks




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  • Bpositive
    03-26 10:06 AM
    Great frequent flyer program...great service....and no transit visa bs....no brainer

    heard very good things about qatar airlines too..haven't used it...




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  • pbuckeye
    06-25 04:07 PM
    Agree with Teddy that your petition's case detail substantially changed during the application process. I believe, that was the main reason for the denial.

    Consult an attorney and try to file a fresh case. Good luck.



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  • tabletpc
    01-11 09:29 AM
    Guys please help me with below questions.

    Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
    Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
    Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
    Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
    [B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.

    B]
    I appreciate your advice

    Have a nice trip..!!!




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  • shana04
    10-14 02:48 PM
    All:

    My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.

    I bought Visit insurance for my parents when they visited USA. Infact one of my friend who is a doctor has suggested me this.

    Here is the link www.visitinsurance.com

    I believe I have opted for Plan A.

    Good luck on that.



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  • wc_user
    07-30 07:56 PM
    All,

    Any idea on how far the EB3-India PD will go between Oct 2009 and Sept 2010 ?




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  • ramaa
    06-21 01:05 PM
    I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
    Thanking you in advance.



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  • snram4
    02-27 09:37 AM
    Though Ron Hira is in anti immigrant side a few points are correct. Companies like TCS,Wipro and Infosys are not processing green cards. Also their pay is much less than the employees who are processing green cards. Even we can compare with Current IV members. I am sure 90% IV members will be getting more than TCS or infosys pay. No one can deny that. Of course TCS,Infosys are paying more than or equal to DOL specified pay but they beat other companies just by cost . Also those companies main aim is to outsource the jobs and that may end up in losing jobs from USA and there is no evidence that outsourcing creates more jobs in USA but quality of products might improve and might have savings in cost. At the same time those who are staying permanently here atleast some chance of creating jobs in USA directly and indirectly. Also his article supports faster green cards for high skilled persons.

    As for Ron Hira, the only reason I find him playing with anti-crowd is, he like himself to be identified with some European white skinned immigrants who immigrated to this country much before these "asians/indians" immigrated to US.

    No crow has ever become a pigeon by eating along with pigeons.




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  • jonty_11
    10-23 01:08 PM
    Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:
    I guess that is teh only option u have...



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  • vxb2004
    07-26 07:18 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.


    Processing of your EAD and AP is independent of your 140 status.




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  • crystal
    10-18 10:56 AM
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    C. Personal Check in Mail:

    You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.


    Immigration Voice
    PO Box 114
    Dayton, NJ - 08810



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  • gaurav_sh2
    07-20 07:47 AM
    I agree to maverick. I have PD of feb 08 in EB2. I was having a permenent job but I decided to move back. The main points were uncentainity in GC process. Took a leads Job in worlds largest mutual fund company at bangalore as DBA.
    Thing are working out great, since I can do what ever I want without worrying about any paprework.

    All though I am really flustreted with bangalore traffic but you have to deal with it..




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  • njboy
    05-08 10:33 AM
    Pa** may be denigratory in England, but to me, its like saying "desi". Is "desi" denigratory too? I was just guiding our friend to forums that might be able to help him better. Im sorry if any offence was taken.
    Kind regards



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  • asdfgh
    10-15 12:04 PM
    Received Transfer notice from CSC to NSC...originally filed at TSC.
    No Receipt Notice, EAD, AP or FP.:mad:


    friends,

    Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?



    I485 filled on July 31, 2007




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  • anu_t
    06-17 01:31 AM
    I wanted to ask IV if there is anything we are doing for people like me.
    After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
    So If the bill passes I even can't apply for LC and so force to go back after 6 years.
    Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
    Are there ANY people left like me?



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  • tabletpc
    01-10 01:23 PM
    Its a gray area....!!!!!

    She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.

    From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.

    I would suggest you to talk to your attorney.

    Good luck




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  • rangaswamy
    10-25 04:30 PM
    Mine still says pending even though i received it 2 weeks ago....

    but my spouses status was spot on through the process..




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  • xu1
    07-28 05:44 AM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks
    Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.




    Gravitation
    03-27 10:33 PM
    ... "Its the Journey that matters, not the destination"
    Every tried to catch the last bus home on a rainy evening?




    delhikadesi
    01-27 10:44 PM
    Hello,

    I am from chandler.....
    but truly in current economy I am not sure if GC in on priority of anyone's list !!.

    I am open for a meet and greet to get the ball rolling for our future plans!!



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