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  • lazycis
    01-09 08:45 AM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company

    You cannot leave on your own and keep I-485 alive in this situation. If you get laid off, it may be possible.





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  • Rajeev
    02-26 04:47 PM
    H4 visa holder can pursue their studies in US but they cannot work while studying.

    he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

    so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.

    My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.





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  • RDB
    06-15 11:18 PM
    BTW, in the first place, shouldn't you have checked before going to the Interview that his passport has expired?.....that is a bit lame in my view...!....that's the first requirement for going to any immigration office - your passport should be valid for atleast 6 months from that date.

    Anyways, passport renewal can be done very fast at the consulate. I don't think they will stamp it on the current passport.

    Thank you for the quick response and advise.

    Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?

    I do not have experience with this, so I greatly appreciate your patience.





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  • maverick_s39
    01-13 06:05 PM
    hi sathweb

    Here is a link i found on immigration.com

    http://www.immigration.com/newsletter1/submemoins.html

    The last section "C. Disposition of Substitution Requests" says

    "
    If the service center determines that the substituted alien meets
    the minimum requirements set forth in the initial labor
    certification application as of the date that it was filed with the
    state employment office and the I-140 petition is otherwise
    approvable, the I-140 petition shall be approved and processed like
    any other I-140 petition. The priority date shall be the date
    which the original labor certification application was filed with
    any office within the employment service system of the DOL. See 8
    CFR 204.5(d).
    "

    This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.



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  • Michael chertoff
    01-27 02:01 PM
    Congratulations my friend.

    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.





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  • rockstart
    06-03 03:28 PM
    I changed address twice since filing my I 485. Both times I e-filed the AR 11 form for myself and my spouse. Also added the I 485 case numbers to it. Both times I received a receipt from USCIS. Also I saw a soft LUD on my application. I did not call any one in USCIS to verify but I have sent copies of the receipt to my lawyer for his records.



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  • lutherpraveen
    01-22 07:27 PM
    Please be assured that your patience and perserverance is much appreciated and I'll never doubt your intentions and efforts.
    My trust for you and all that you do is well past the initial phase of knowing IV and what it stands for.
    Your dignified and decent conduct when dealing with "impolite doubters" commanded my respects and many others.





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  • nashorn
    12-17 10:41 PM
    thanks for the inputs guys..

    This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...

    Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..

    Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??

    Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
    thanks again for your inputs..can you share some of your experinces.
    The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.

    Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.

    You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.



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  • nozerd
    11-11 11:03 AM
    Priority Date Current: Curse or Boon ?

    I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.

    Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because

    You can not get 3 yr H1 extension if PD is current (only 1 yr).
    You can not get 2 yrs EAD if PD is current.

    So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.





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  • summitpointe
    04-09 12:07 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.



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  • hi_mkg
    05-07 08:49 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg





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  • eagerr2i
    07-16 11:39 PM
    LC filing- No
    I-140 filing and onwards- Yes



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  • EndlessWait
    07-25 05:01 PM
    Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:

    On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.

    So please save this idea for future use if others also recommend it.

    So you thought that because the flower campaign worked, we should come up with a similar approach.. As IV has suggested, make awareness by meeting your lawmakers , put yourself on youtube, contribute to IV etc. if you really want to campaign. Just giving blood which perhaps would not be donated is insane.





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  • pappu
    06-27 07:36 PM
    From: National Immigration Forum
    Web: http://www.immigrationforum.org

    Recess

    Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.

    On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.

    There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.

    H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.

    In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.

    Even for these modest reforms, prospects for passage are uncertain.

    Oversight and Accountability

    If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.

    There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.

    The Appropriations Season

    We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)

    Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.

    There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.

    There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.

    The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.

    Immigrants and the 2008 Elections

    The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:

    http://icirr.org/node/2882

    Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.



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  • bec
    11-04 06:36 PM
    Hey i was so happy to read that EB3 was current in your post, but got disappointed after i read your msg :(

    I dont think we can change the title, the moderators have to change it !!!!

    you can change it.





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  • nixstor
    08-24 05:42 PM
    I mean why the hell are people on this forum asking for Labor substitution. I mean people are still so narrow minded that they want to get it done for themselves and dont want to bring a change in the system.

    How ever they complain about the system which they abuse/intend to abuse



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  • hypersphere
    01-05 03:51 PM
    TIme to make this site a paid site with tightly controlled information access and forum features available only to the members.
    What is the purpose of increasing the membership is a majority are non contributing members. Doesnt money buys us much more then the membership numbers? Making this site a paid site will drive away most members but the remaining will provide a continuous revenue stream.





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  • kumar1
    03-05 11:12 AM
    Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.

    You know what I am saying....

    I am apologetic if my message sent any wrong signals anywhere.
    But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.





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  • arung
    01-02 01:14 PM
    They took just a week for me.





    thuristic
    08-28 09:16 PM
    Gurus,

    Please shed me some light on this.

    I am an early 2005 PD, eb3 ROW, PERM and I-140 approved GC candidate who has been in the US for 5 years. This eb3 retro has convinced me that I should explore my options in Canada and plan to migrate north within a 6 month time frame.

    Since I already have an approved I-140, my question is whether the document will be alive if I do decide to come down again after 3-4 years when retro is no more.

    ....or is my I-140 a sure dead and not even worth bothering? Would appreciate your thoughts.

    Cheers,:o





    solaris27
    12-07 08:53 AM
    you can get 3 years extesion
    change this lawer , he do't kow aything or trying to save company money .



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