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  • greencard2008
    06-11 09:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:





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  • omved
    05-05 02:25 AM
    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07





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  • byeusa
    07-11 01:09 AM
    I emailed some of our core members. I hope they can take out some time to deal with these rouge elements tomorrow. In Hindi they say- Asteen Ka Saanp ( snake in your sleeve) for this kind of behavour from USINPAC





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  • ImmigrationAnswerMan
    06-29 06:02 PM
    Your B-1 visa does not allow you to stay in the US during the gap.

    You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.



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  • ramus
    06-19 08:47 PM
    You can take photo any where you want as long as you meet their photo specs.
    If you have AAA membership try it... You will get it for free.


    will any agent take photos or is there any specified location

    thanks

    kumar





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  • punjabi
    09-10 02:54 PM
    Hi javans,

    I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.

    Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.

    You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.

    I have myself not done it, but I have met few people in the past who did that.

    And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).

    Hope it helps.

    Good luck!

    Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.

    Thanks,
    javans



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  • sanju
    07-19 11:31 PM
    Thanks for the response.

    My Priority Date is:

    March 16, 2001.

    What can you guys tell me?

    Thanks.

    So your application was applied in Employment Based Green Card category and your priority date is March 16, 2001. Your I-485 is pending since 2002.

    What is your current status? Were you ever out of status while your stay in US? Have you contacted your sponsoring employer or the lawyer who applied for you? I suggest you call and speak with your attorney first thing Monday morning. Did you pay full amount to this guy, I mean your attorney. If you did, too bad, its time to pay him another $2 million before he returns your phone call.

    Also, if I were you, on Monday morning I would call and speak with the lovely folks on other side of the 800 number we all love chatting with. They are soo sweet, isn't it.

    Many members on the forum seem to think that the priority date getting current means that its time to check the mailbox every evening to receive the GC. Guess not, I have known many folks who waited for 2-3 years even when their dates were current all that time.

    But in your case, there seems to be something too awkward as the status note says that your case has been transferred to DC. Are you a diplomat of another country? Just curious.





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  • gc_chahiye
    07-09 05:27 PM
    how to change my vote then???

    I dont think you can change your vote.

    In any case this poll is only to get a feel of how things are out there. A wrong vote here or there does not matter

    As long as 2003/2004/2005 folks who have already-filed stay in low numbers it might indicate good PD movement in those years (since numbers wont be used up so soon and USCIS/DOS might have to move dates forward to start pushing out approvals. New people will then file and the usage will climb and dates slow down again).

    If, on the other hand USCIS is sitting on tons of 2003/2004 PD I-485s, then date movement is going to be slow



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  • GCBoy786
    08-27 08:38 PM
    mine does not have FP... it's a renewal...





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  • milind70
    07-26 11:06 AM
    Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
    Some thing really does not sound right here. By law, he is required to give you the approval notice.
    I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.



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  • gc_chahiye
    08-26 09:47 PM
    Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.

    I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)

    Now my question is:

    1- What if I don't receive the RFE letter in time?
    2- Any loops to gain an extension if I can't make it before 30 days?
    3- Any ways to find out about the nature of FRE letter?
    4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
    5- Any advices, suggestions, similar experiences, ideas or solutions?

    I appreciate any kind of feedback on this, since I'm almost shaking in here!

    If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.

    If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.





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  • crazymish
    03-05 02:15 PM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M



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  • pbojja
    06-12 04:49 PM
    Unlucky lot.

    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.





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  • sanju
    11-27 11:36 PM
    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

    If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.

    If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.



    .



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  • Blog Feeds
    04-17 08:30 AM
    In an amazing turn of the tables, Republicans are growing increasingly concerned that Democrats will attempt to pass immigration reform this year in order foster an internal split on the right. Since Prop 187 was passed in California in 1994, Republicans have often tried to use the immigration issue as a way to energize right wing voters and get them to oppose Democrats who are pro-immigration. Three op-ed pieces discuss that issue just in the last day. Michael Barone of the right wing American Enterprise Institute in the Wall Street Journal, Fox News co-host Morton Kondracke in Congressional Quarterly and...

    More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)





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  • immigrationvoice1
    04-09 12:14 PM
    Planning to use AC21 Portability and work on EAD.

    If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.

    Thanks in advance for your reply.

    I do not think one can continue working if the existing EAD has expired and the renewal has not arrived.Though, one is still in AOS but simply cannot work till he renewed EAD arrives.

    This is what I gathered from various websites so far but would like to see some comments from the experts here.



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  • myimmiv
    12-17 02:24 PM
    Thank you kartikiran and sss777 for your quick replies





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  • Michael chertoff
    11-25 12:48 PM
    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.

    Thanks for understanding.

    MC





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  • upuaut
    09-10 02:28 AM
    I don't think that your footer uses up a lot either. It doesn't bog down my system nearly as much as some of the multiple movie clip effects that some use. I think that's because a) it's not very big. B) it's only one transparency which is actuall on top of another image (the one on the bottem of the layer stack is not moving over another image), and C) The top one is fogged.. (which may or may not actually make a difference. )

    either way.. I don't find your footer to be a problem. Processors can handle a lot. When I say that it bogs down the processor more than another thing, it just means that it does that... not necessarily that it bogs it down to the point where you can actually see it.





    Jipjap74
    04-23 04:12 PM
    Who said anything about a 10 year old boy? Correct me if im wrong but this is a public forum and I can ask whatever question I want to ask. Its up to you if you want to answer it. All i asked was if anyone had come across this situation, if you haven't and you don't have a constructive opinion id rather you kept your snide remarks to yourself.





    jsb
    01-08 10:03 AM
    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf



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