Sunday, July 3, 2011

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  • snathan
    02-19 04:57 PM
    I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.

    I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.

    Questions
    1. Can i do that?
    2. If so, what documents would i need from my company to process this.

    1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.

    2. No you can not apply for new I-140 with new employer when the labor belongs to different employer




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  • carbon
    03-24 09:26 PM
    If you have worked on a H1B that was from the quota and you have
    never left the US for more than 1 year since then.. then you can
    transfer your university H1B to company H1B (without waiting for Oct1)
    I have comfirmed this with one lawyer for my situation.




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  • mailmy_gc
    05-19 03:33 PM
    hi

    I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.

    Hope some senior members or attorney will help you.

    All the best -




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  • kumarc123
    08-26 10:11 AM
    Hi All,

    I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.

    I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
    Help is greatly appreciated.

    I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.



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  • vaishnavilakshmi
    06-22 08:18 PM
    Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?

    hi,

    we are in the same boat and our lawyer also say the same!

    vaishu




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  • senthilnathank
    10-07 04:54 PM
    No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.



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  • Pineapple
    10-14 02:08 PM
    ^^^




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  • snathan
    02-21 07:32 PM
    You can still get a 1 year extension claiming that your PERM application is still pending. It all depends on the officer that the decision has not been made on PERM application.

    The PERM is already denied and you can not get the extension based on the denied PERM.



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  • Blog Feeds
    09-24 03:20 AM
    Most Immigration Lawyers that care for their work are tired of Mr. Dobbs. Mr. Leopold from AILA posted a valid statement about Dobbs' campagin of Hate:

    CNN has a journalistic obligation to dump Lou Dobbs and his campaign of hate against immigrants.

    It is unthinkable that a major network would permit someone to build a career based on fear and hatred of human beings. Why the double standard when it comes to immigrants?

    As Janet Murguia, the President and CEO of the National Council of La Raza pointed out yesterday in her Huffington Post blog, http://bit.ly/Mk0ez, Dobbs disgarded any sense of journalistic objectivity or integrity (assuming he had any to begin with) when he openly participated in an anti-immigrant rally in Washington, DC sponsored by the Federation for American Immigration Reform (FAIR), an organization designated by the Southern Poverty Law Center (SPLC) as a hate group. According to SPLC:

    � FAIR was founded by John Tanton, who also operates a racist publishing company and has compared immigrants to "bacteria."

    � FAIR has employed members of white supremacist groups in key positions.

    � FAIR has promoted racist conspiracy theories.

    � FAIR has accepted more than $1 million from the Pioneer Fund, a foundation devoted to eugenics and to proving a connection between race and IQ.

    � FAIR president Dan Stein once suggested that Asians and Hispanics were engaged in "competitive breeding."

    Of course Dobbs� recent display of hate mongering is just his most recent in a long line of abuse including, as Murguia points out in her blog,

    � His regular use of guests representing hate groups, vigilantes, and nativists as experts on immigration

    � His relentless repetition of stories on immigrants and crime that project an impression far from reality

    � His association of immigrants as carriers of disease that has been both inaccurate and pejorative

    Enough is enough.

    If CNN is serious about responsible broadcast journalism it must put an end to Lou Dobbs' hateful tirade once and for all.




    More... (http://www.visalawyerblog.com/2009/09/cnn_must_dump_lou_dobbs_now.html)




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  • dtekkedil
    07-30 06:34 PM
    1) There are flights from Manchester, NH to Baltimore, MD for about 150$ (Flying to DC from Manchester costs an additional 100$). It is just 45 miles from Washington, DC. I have read in one of the postings that there are trains from Baltimore to DC Central. We can book hotels in DC through Priceline.

    2) If we have enough people, we may be able to drive to DC (rent a bus or a minibus from Boston) But it is at least a 10 hour drive. That means we may have to take at least half the day off on Wednesday as well. We can then start back Thursday evening itself.

    It makes sense to book hotels together as it will give us a better chance to prepare for the rally.

    I hope more people come forward. I know this is a difficult thing to do. But it is necessary.

    There are so many IV members from in and around Massachusetts and only one other has volunteered so far!



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  • santa123
    10-16 08:49 AM
    Moonrah
    I am on the same boat; Any luck with the FOIA request without the Alien number?
    My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.




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  • battineni
    06-21 01:49 PM
    Thanks alot for your detailed reply.

    jus FYI...I didn't file AOS, so thats why I'm worrying to change the employer with the approved 140.

    My new employer (Company "B") ready to start the process again, but would like to keep this PD.

    Once again thats for your reply.



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  • blacktongue
    11-01 01:35 PM
    I heard that only applicants who are current are considered as backlogged - is this true?

    Applicants who are not current - which statistical group do they belong to?

    You are correct. Is USCIS definition to show less numbers on their graphs.




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  • seeniraj
    04-28 09:53 PM
    Could you please post the RFE details ?



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  • zeusjerry
    03-26 01:30 PM
    Hello Mates & Buddies,

    I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
    But at this year end I am also planning to take my Australian Citizenship.

    So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?

    And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).

    Thank in advance !!!

    Always,
    Nirms

    Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..




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  • vin13
    06-24 07:30 PM
    Advance Parole is not a requirement to maintain status. AP is used to get back into the country based on a pending 485. If you have a valid H1/H4 and just want to stay with it and get back on H1/H4 that is totally fine. AP is optional in your case.



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  • nkappiah
    07-19 09:51 PM
    I got married recently. Both my husband and I have similar priority dates as labour was filed separately for each of us by our respective companies. Is there any downside to adding each other to our applications and dual filing for greencard?

    Is there any downside to having two applications in each name? Should we do this?

    Thanks
    N




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  • rag_1970
    11-10 08:51 AM
    I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.




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  • anura
    04-28 01:26 PM
    On the lighter side,

    "Superman renounces his U.S. citizenship

    I thought he died because Bush wouldn't authorize embryonic stem cell research. Anyway he is an intergalactic illegal immigrant from Krypton.




    jessie1981
    08-02 11:14 AM
    Did anyone get I485 based EAD before the first FP? Thank you!




    amengiv
    01-12 02:24 PM
    Hello everyone,

    I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.

    Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.

    Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?

    Thanks a lot in advance!
    Andrew



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