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Munna Bhai

04-18 11:21 AM

Hi everyone,

I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?

Thanks and regards

45 day rule is not implemented yet.

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atlfp

06-14 09:43 PM

Based on these reasons:

1. EB legals doesn't really count when it comes to the consideration. For one, the numbers that are suffering are too small; for two, what you go through is nothing in the eye of Kennedy's --- you have a job, you have enough food, you are not dying in the desert....you are having a pretty decent life, except that you wanted more;

2. Senators like Sessions can still argue that "so many legal people are waiting in the line", because you are indeed still waiting even though you can now file 485. So allow you to file doesn't really change their argument;

3. What makes you think that if you shut up they are going to have a easy day? It's not like that you have any teeth to bite any way.

So the PD moves forward is definitely a good thing regardless how CIR plays out.


Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....

No one can stop it.

Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?

Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....

We have been dealt a crucial blow here.

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manderson

10-17 11:57 AM

i don't personally know any attorney nor do I have any experience. But I know that anyone (including Indians) will qualify and this is always current and no labor cert needed. You can go from 140 to 485 in a short period of time and then get a 2 yr conditional GC after which if u still maintian ur initial invest (500k or 1M depending on target area of investment) then u will get final GC.

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2011 Dragon ball AF:Obscure World:

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sbnvs@yahoo.com

12-16 06:04 PM

Here is my h1b status:

1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.

Now question, it means my H1B visa valid until Aug 2011?

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sanjay02

05-31 07:27 PM

Can some one please answer this?


EAD renewal question
Hi
When renewing EAD paper filing not E-file, I had written the check in favor of USCIS instead of "U.S.Department of Homeland security" , do you think there would be a issue for them to accept the cheque?

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getgc2008

04-23 02:24 PM

Thanks I got the details.

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mwin

08-30 10:00 AM

Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.


Hi,


I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.

During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.

what are the possibilities to include her in my greencard process?

Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.

My Case Details

Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)


Thanks
-Kishore

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White Monkeys

harryom

03-24 02:05 PM

:mad:
I just got me H1B approval Notice and copy of I0129 petition. There is nothing wrong with approval bu I notice few things and have few concern questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.

Now My questions is :

Do I need to get this passport#(1) typo fixed now or its ok?

Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?

All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.

Any suggestions/experience are apreciated.

Thanks

PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved

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swetha00

09-12 03:44 AM

Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???

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Camera Data

MatsP

June 14th, 2010, 01:41 PM

I have never taken photos with the camera actually under water, but I have taken pictures of fish in aquarium, and to my knowledge water movement appear to not matter for the clarity of the image. This is as long as the water is clear in itself, and of course, there is no air bubbles or some other "stuff" moving in the water - if you have lots of air-bubbles, they will leave traces in flowing (or still) water if the shutter speed is short.

--
Mats

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Kapils573

09-02 12:28 PM

What is the phone number to contact the customer representative?

Pls guide.

Kapil


They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.

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Dragonball Evolution (2009)

GCwaitforever

05-24 09:59 PM

It depends on job duties mentioned in the LCA. For example, you might be a solution architect and this comes with experience. Some roles could be guiding junior folks, interviewing people, reviewing work done by others, project management, vendor management etc ... Essentially you need to prove your 5-year experience is worth and that is what is needed to fill your current role. Prove that this can not filled by a plain BS graduate with no experience or even a guy/girl with MS degree and no experience. DOL might be thinking why not just a BS degree or BS + 5 years = MS degree.

I am not an expert in this. Please discuss with your attorney for better advice.

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amengiv

01-13 12:21 PM

A2k2,

Did they ask you to provide I693(Medical) and I684(Affidavit of Support) during your last interview? I believed I had submitted I693 when I applied I485 and I684 is for family-based immigration. Is this right?

Thanks a lot in advance!
Andrew

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Bharat123

07-26 07:38 PM

My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.

Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?

Appreciate your valauable advice.

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OLDMONK

07-23 05:53 PM

My lawyer explicity told "NOT" to flipflop wven without me asking.

Same here. My lawyer specified NO "flip top". Does it matter, I guess not.

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sonia_sd

10-11 01:00 PM

Hi,

My I-485 AOS thru my Husband's I-140 is pending right now.

Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.

My question is :

Which is better Interfile or new filling ?

What are the advantages and dis-advantages of both ?

If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?



Thanks

Immqry



People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D

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09-18 10:20 AM

Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:

Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.

Factors DHS could consider in evaluating the LPR’s intent include:

Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.

After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:

What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)

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Dragonball: White Monkeys

Star

06-18 12:02 PM

I am from Hauppauge, NY. I am wiling to dedicate some time to this cause.

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Re: zero#39;s DRAGONBALL: WHITE MONKEYS

xbohdpukc

08-05 11:31 AM

as long as both PDs are current they will start to process an application with the earliest RD first.

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susie

09-27 11:23 PM

Hi all,

I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:

Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days

Need your advices. Thanks!

In Adlac 2

It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien

If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.

How did you get on with the attorney?

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GLIX

10-24 02:16 AM

Is it correct that with an AP you are not guaranteed re-entry? There was a qualifier on the INS website? For how many months is it valid? DO you need a lawyer to re new it or is it an easy process that any layman can re-new on their own?

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