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  • roseball
    05-04 04:34 PM
    Hi Guys

    Please read before giving your opinions: as per memo not my words:


    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.

    The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.



    See links below for more data
    http://ac21portability.com/modules/wflinks/

    AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.





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  • srgadi
    07-18 01:30 PM
    I would say EB3 March 2005. Remember, after PERM was put into place in early 2005 more people applied in EB2 than in EB3. I am not an expert, please consult your attorney.





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  • gc_chahiye
    07-09 04:32 PM
    yea.. i did not read ur first post correctly..sorry

    well that note was a bit hidden. I have highlighted it almost Macaca-style now!





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  • diptam
    06-26 04:07 PM
    I work for a wierd desi company - They are okay payment wise ( though they also make lot of money out of me) but 485 fees they dont want to take up right now.

    for me company is paying for everything except medical..



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  • Jimi_Hendrix
    12-13 10:40 AM
    a level playing field for CIR. This is just an attempt to increase publicity on Enforcement work.

    Pile of BS. Go to Home Depot here in California or any other hardware store and you see illegals getting on and off the bus. Waiting around the corner in full public view.





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  • tonyHK12
    12-09 11:32 AM
    The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.



    Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens



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  • gccovet
    06-12 05:30 PM
    Hi All,

    I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.

    Company B has bought Company A. What should I do now?

    1) Do I have to ask them to file a fresh H1?
    2) how would the GC process be transfered to the new company that took over?

    I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.

    Can someone shed some light on this scenario?

    Thanks,
    RC:o

    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet





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  • raoece
    07-06 05:10 PM
    once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.



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  • qplearn
    12-19 10:31 AM
    Are we going to continue calling Sen.Cornyn's office such that he will be motivated to get SKIL bill cleared at the beginning of next year?

    If we are persistent, maybe he will want to get the bill cleared successfully.
    Good idea. Should we orchestrate our calls so that there is no more and no less than 5 calls every day? I agree we have to persistent on this because he is our only hope.





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  • cybergold
    04-28 03:07 PM
    Oh no... The link is dead. I am going to have to make my own site and put it up, i'll try getting it back up asap



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  • coolngood4u80
    12-09 10:51 AM
    Its very close ...it may pass the cloture vote..





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  • sircaustic
    07-15 10:46 PM
    Hi,
    I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:

    I-140 approved in 2007
    I-1485 in August 2007
    Received RFE in May 2009. The RFE had two parts to it that are as follows:
    Part 1: Request for Evidence for Birth
    Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations

    When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.

    Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.

    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.

    Thank you in advance to those who respond.



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  • SL%%
    08-17 09:17 PM
    I seriously don't know how many LUD's have passed on my portfolio but the latest is April 30, 2009. Called lawyer and asked them if there were any RFE's, second FP appointment and told me that there are none. I don't know if you read the article where USCIS is pre-adjudicating cases even if the PD is not current. As to what the article said, I think TSC & NSC have already almost used up every EB3 quota for the FY2010 where they needed to pre-adjudicate cases so they would know more or less accurately how big the backlog is. According to the article also, most cases that were pre-adjudicated were those who filed during the 2007 FIASCO they created so it would probably only mean one of the ff:

    - USCIS is playing safe
    - USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
    - USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).





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  • ragz4u
    09-01 10:27 AM
    Do not fret. Berkeleybee is still around but not as active on the forum because of extreme pressure at work. I can assure you that BerkeleyBee will be back as soon as the activity picks up to help us with all the stats and understanding the legal languages in the bill. I will make sure Bee is aware that IV members miss her. :)



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  • InLineOnLine
    03-12 02:53 PM
    Hi Meridian,

    let me know how to give you green I can do that for you.





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  • number30
    04-10 10:40 AM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.

    Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.



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  • PlainSpeak
    02-23 10:54 AM
    Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.

    As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room





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  • nlssubbu
    04-11 05:27 PM
    I am from Oregon, glad to be of help. Sent an email.

    Please send me a PM if you want one more from Oregon.

    Thanks





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  • vivid_bharti
    07-13 02:30 PM
    inn amendments ko chatega ? yaa poojegaa ?
    Great news! The Hatch widows bill (which removes the requirement that a couple must have been married for two years before a US citizen dies) passed and included in that bill were provisions extending the religious worker green card program and the Conrad 30 J-1 physician waiver program. Each of these programs were extended for three years. The EB-5 regional center program for immigrant investors was permanently reauthorized by the Senate yesterday. The House must agree to these amendments before they go to the President and I do not yet know whether the bill will go back to the House...

    More... (http://blogs.ilw.com/gregsiskind/2009/07/proimmigration-amendment-added-to-senates-dhs-spending-bill.html)





    jindal_sanjeev
    06-23 03:12 AM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you





    nat23
    10-29 02:57 PM
    I would wait to see the text of the Bill before coming to any conclusion.



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