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  • larmani
    10-26 01:50 PM
    I am not sure about 1 week prior to appt they will allow or not. If you have real valid reason you may try talk to the officer(not the guard) and explain the situation. Kids are allowed. Our daughter is citizen and we took her with us.





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  • willgetgc2005
    04-25 10:07 AM
    dilbert,

    I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?

    __________________________________________________ _________


    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.





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  • eagerr2i
    08-02 07:32 PM
    do you remember the appointment time?

    My wife and son's appointment time was 10.00 and 10.15 AM





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  • BEC_fog
    04-09 12:18 PM
    I don't think that with the EAD renewal receipt you can continue working. Right now, the EAD is valid for 1 year from the day the process and print your card and you cannot specify the employment dates(or they are ignored anyway). It works differently than an H-1B extension where you can specify the dates and even when they process you application say in April and you asked for it to start in march, the approval notice will have the starting period in March. For EAD, if they processed it in April, the starting date is in April.



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  • blondhenge
    05-31 11:57 AM
    Are you EB-3 or Eb-2?

    I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006.

    Anyway, to answer your last question, if you are denied for whatever reason, your H1B would no longer be valid since you are now on EAD/AP.

    I'm not trying to give you cause for concern, so please don't take my posting out of context.

    Good luck and future success!!





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  • sunny1000
    10-09 07:54 PM
    I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.



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  • chem2
    06-15 09:07 AM
    if you completed an I-9 with your employer after you recd your green card, you may be able to ask them if they are willing to let you make a copy from their files.





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  • prashant1j
    02-26 01:51 PM
    There is no question like a dumb question. You definitely are dumb for questioning her.



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  • whitecollarslave
    02-12 12:28 AM
    As valid an argument it may be, buying a house as a bargaining tactic will create a lot of bad publicity and would be counter-productive. I think if we want to do gandhigiri, lets send flowers to Senator Grassley. If you want to make an impact, do the unusual.

    Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.

    We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.

    Here are some suggestions for short messages -

    I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.

    I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.

    I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.





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  • martinvisalaw
    07-22 06:01 PM
    Hello,
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?

    Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.



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  • krishnam70
    11-20 03:51 PM
    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,

    Right on the money.





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  • Legal
    07-11 06:19 PM
    All I said was stuck could have taken the high road as a moderator and conveyed your concerns politely. I would have respectfully expressed understanding and stop doing whatever I was doing. Instead he keeps sending abusive personal messages.

    What kind of moderation is this.

    Peace:)



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  • immiindi09
    01-12 01:55 PM
    Gurus,

    Here is what I found on USCIS website for renewal I765
    *****
    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
    *****

    I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
    is expired and want to renew it.

    Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?

    Does any one has any idea?





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  • ss1026
    04-10 04:31 PM
    I am currently in Minnesota and would be glad to help



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  • kanshul
    01-06 10:18 AM
    I doubt you will be able to get in...

    I went for stamping in Canadan and before they even interviewed me they invalidated my visas by stamping them.

    So the old visas don't remain valid so you won't be able to get in if your visa is rejected.





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  • sajimm
    08-05 01:18 PM
    It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.

    Most likely this is just election politics.



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  • austingc
    07-30 11:37 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.





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  • anurag
    06-13 11:27 AM
    I have been through a couple of acquisitions. You dont need to do anything with the h1b.

    But for travel - Whenever you are travel outside US, keep a newspaper clipping of the acquisition. Also take a letter from your HR stating you have been working for Company B, which was acquired by Company A and that you continue to work with the new organization.





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  • abracadabra
    07-06 11:50 AM
    Asked seven so far. There are live discussions till 2 pm today. I am going as any number of times cheers





    reverendflash
    10-21 03:32 AM
    I remember making my wife a "I love You" card for out 5th anniversary (1989) with a Tandy Computer with 1meg of Ram, in some sort of drawing program... :elderly:

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    vensun
    05-19 04:27 PM
    I know it is basic question, but after reading the thread just got dought.

    I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?

    My details:-

    Worked employer for 4 years
    Labour substitution 2.5 years back
    I 140 approved 2 yrs back(06/2006)
    I1485 filed in July 2007

    Thanks,
    Ven



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