Friday, June 10, 2011

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  • help_please
    10-05 11:01 AM
    I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.

    http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us





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  • needhelp!
    11-21 02:10 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.





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  • retropain
    08-24 06:05 PM
    greatguy, you sound like a great guy. But honestly the idea isn't too great...especially nowadays with such much immigration scrutiny, tightening of regulations, deportations, etc. A five year old labor sub, that too unapproved, isn't going to be approved easily...maybe you should file a PERM based petition and get that approved in a month or two and that way atleast you secure a 2006 PD. If some relief comes in, you're wait shouldn't be too long...





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  • Sai gc
    05-15 12:41 PM
    hey ,
    My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
    At this point I dont think my employer revoked 140 .(pretty much sure)
    If it is cleaning up files ,then why Pending again ,this is what is making me worried.
    victory by chance did you call USCIS to check what is happening with your case.
    (I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
    Any thoughts.



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  • darshan1226
    02-13 01:43 PM
    Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.

    grow up





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  • panky72
    06-25 05:07 PM
    sure, pls verify with lawyer to be safe

    common consensus seems to be -->

    if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
    But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
    After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
    After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
    Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)

    hope this helps...

    I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.



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  • realizeit
    07-28 10:27 AM
    For me, it would take at least 2-4 years to get GC as my PD is around OCT-06/EB2.

    I sincerely would like to contribute at least $1000 to IV, when I receive my GC.

    So far..

    One Time Contribution - $100
    Recurring Contrib Since OCT-07: $50





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  • kumhyd2
    05-19 04:51 PM
    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.

    I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.



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  • tonyHK12
    01-06 12:35 PM
    Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?

    The 2010 CIR already had strict border protection clauses and it mandated a secure border first. It looks like the republicans want to split it from the 'illegals path to legalization' and concentrate on bills that have enforcement first, reading Graham's statement. He was even opposed to the moderate DREAM act.





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  • peer123
    07-18 07:25 PM
    Hi Friends,
    I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
    The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
    Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
    Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
    My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..



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  • tcsonly
    12-12 06:55 PM
    USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.

    Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.

    I didn't know CIS became so customer oriented all of a sudden.





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  • neelu
    01-02 11:43 PM
    Hi Everyone viewing this thread,

    Please help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.

    That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on). Otherwise we will only be seeing movement like this (a week or so every month).

    Please participate and help others participate in the 'Add ONE Member' campaign.

    Thank you.
    Neelu



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  • desiron
    08-08 08:56 PM
    I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...

    Thanks





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  • j0se
    09-15 05:55 AM
    david: that is the very one (i called it everything but 'ray of light')

    thanks very much!!

    i'll go and read and re-read!!
    :)



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  • pappu
    09-02 06:50 AM
    Its wonderful to see appreciation for core team here. Many of us work hard behind the scenes and are not regular on forums. Thank you all for your continued support and confidence in IV.





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  • gnrajagopal
    08-18 11:57 PM
    So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?

    Come on. Dont be dumb.

    Alright man, point taken.....
    :) it was hard to believe, but looks like there is hope for NSC Filers.



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  • senthil1
    04-17 12:03 AM
    It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst

    Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.





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  • cygent
    07-02 03:00 PM
    Guys,

    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!





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  • PDOCT05
    10-29 11:42 AM
    What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.

    It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)

    Thanks,





    GCBy3000
    04-28 05:01 PM
    Below is my understanding as I searched for answer sometime back.

    yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.

    If anyone thinks othewise, letme know.





    belmontboy
    11-26 01:57 AM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001


    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.



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