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  • alterego
    07-12 07:25 PM
    Consult with you lawyer about this one.
    However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
    The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
    This would be a good question to post on the lawyer thread on the home page.





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  • hsingh82
    10-12 05:33 PM
    I saw this article about eliminating the diversity visa program and using those numbers for EB categories.

    Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)

    Will this do us any good?

    Thanks

    I doubt that it will go anywhere but if does it would be really good for us.





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  • sertasheep
    03-26 11:54 AM
    I agree with the others. We can institute a small membership fee which interested users will be willing to pay on a monthly basis.





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  • rajpatelemail
    02-12 12:37 PM
    If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.

    If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
    Who knows you may get Labor/I140 in this 1.5 years and may get everything well.

    DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.

    If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.


    Now please give me green, as i do not have many; ;)



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  • imh1b
    12-06 08:25 AM
    What are chances of Dream Act?
    What are the chances of including our provisions in the bill?

    What happens if the bill passes without our provisions?
    What happens if the bill fails?

    WHAT ARE OUR CHANCES IN 2011?

    Null, zero, Nada, Zilch

    Just google Dream act. and then google Recapture visas. You will have your answer.





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  • getgc2008
    02-29 04:08 PM
    My I140 is approved, 180 days complete and looking to change jobs in May/June.
    I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?



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  • caliducas
    06-06 04:56 PM
    I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.

    I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.





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  • nogc_noproblem
    04-09 04:41 PM
    Whether the IO at Port of Entry asked anything about your H1B Visa Stamp?

    My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
    I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
    I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
    Has anyone withdrawn their H1B visa stamping application before ?
    Appreciate any information on this.



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  • Berkeleybee
    02-09 07:36 PM
    All,

    I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.

    I. IV MEMBERS AT EVERY STAGE
    � We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
    � Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.

    II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
    � The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
    � When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.

    III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
    � DOL-BECs were created as a result of considerable protest and intervention by Congress.
    � USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
    � So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
    � We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.

    IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
    � In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
    � So the Retrogression problem is a systemic, policy problem.
    � It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
    � It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.

    In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.

    With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.

    RECENT IMMIGRATION VOICE ACTIVITIES:
    � Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
    (b) get access to key policymakers
    (c) craft an effective legislative strategy
    (d) design a media strategy

    � Meeting Lawmakers
    � Coordinating with other groups like Compete America
    � Getting the word out in the community
    � Setting up of the organizational and resource infrastructure including the website and forums for discussion
    � A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.


    Visit our website at www.immigrationvoice.org and get involved!





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  • Anders �stberg
    May 31st, 2004, 05:37 PM
    I like ducks...they taste good. :p

    'Right back at you' said the duck! :D
    http://www.andersostberg.com/FotoGalleri/albums/userpics/CatchADuck/CatchADuck_5406.jpg



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  • garga
    12-06 10:34 PM
    Hello,

    My apologies upfront if I am posting this in the wrong thread.

    I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?

    As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.

    Thank you.
    Apoorv



    My GC status is as follows
    I-140 - approved
    EAD - approved
    AP - approved
    FP - completed .





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  • txh1b
    04-14 05:02 PM
    It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.



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  • st4rguitar
    04-06 02:02 PM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,

    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.





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  • Alabaman
    07-11 05:03 PM
    I am not making fun of anybody... I didnt write that. I dont even know the rep in question. Thats from ilw.com. Immigrations lawyers or something like that. This is more like a press article I am bringing to your attention.



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  • gatec77
    07-18 05:19 PM
    Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.





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  • sri1309
    11-04 07:01 PM
    Please delete this thread, Admin.

    We believe this guy did it by mistake.. pls dont shout at him..



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  • Leo07
    02-13 03:12 PM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    People are not trying to be rude, just a little confused with your innocence.
    Honestly, some of us are waiting legally for more than 12 years for the green card. So, given our situation, your question tickled us.





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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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  • newuser
    06-23 09:20 AM
    Are you sure you have to submit the tax forms for filing I-485?


    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





    ronhira
    05-18 02:00 PM
    i read those two threads from macca every evening...... infact i think his threads are very informative & it collects everything relevant at one place.....

    for those who don't like those threads, have u guys read the content of those threads? if u read the content of those threads.... u will start appreciating the effort of 1 guy to help us all understand whats going on in the real world..... or we can always look for other things on world wide web......





    ardnahc
    08-14 01:45 PM
    That's an eternal open question all of us have here :-)

    To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!

    Thanks



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