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  • sertasheep
    08-23 09:42 PM
    Dear IV Members,

    We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.


    --------------------------------------------------------------------------
    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Name:
    City/Area:
    Added 08/26/2006: <<Country of citizenship>>:
    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

    --------------------------------------------------------------------------





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  • dvb123
    03-01 10:40 AM
    Response to this per country limit query by lawyers

    RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.

    RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.


    Can IV core do something? It will provide a relief to some people atleast.





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  • cinqsit
    02-02 08:56 PM
    My I-140 and I-485 also has different A numbers. I had 2 more approved I-140s which has different A numbers as well. How and when will get consolidated to a single file?
    Gurus who have more insight into this process, please enlighten us.

    Thanks -

    I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.

    I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
    if they all have the same A number

    There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
    something does work!

    Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)

    cinqsit





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  • american_dreams
    08-27 10:35 PM
    My(dependant) EAD is still pending while primary's EAD was approved on 8/19 by TSC.

    Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.

    Usually I have seen both arrive at the same time. Please comment. Thanks.

    I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.



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  • H1BLegal95
    01-22 11:48 PM
    Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

    So of the two tortoises EB3 might move faster than EB2.

    Any comments ?





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  • DSJ
    06-21 02:50 PM
    You might save lot of money if you don't apply 485

    Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?



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  • dreamgc_real
    01-06 09:30 AM
    CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!





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  • Desertfox
    05-20 03:32 AM
    Few years ago I evaluated my 3-year engineering diploma from ECE to transfer some credits toward a bachelors degree at Arizona State University. It was evaluated as 10+2+1, and it clearly said that the US equivalency was High School Diploma with One Year of Undergraduate study. So it was not even equivalent to an Associates degree. However, I never had a H-1B visa and neither I work in IT, so I never had to run it through USCIS.



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  • bsbawa10
    08-30 06:58 PM
    I am also in the same boat and would like to know what happened ?





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  • bekugc
    04-19 05:59 PM
    regd ur qn --> So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    485 stage itself is called 'adjustment of status'. so using EAD or AP , takes u out of nonimmigrant status, and brings u into a intermediate status - thats why they write AOS/parolee on i94 if u use AP. . i dont think u become an "immigrant" untill ur 485/gc is approved.



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  • pappu
    01-22 06:37 PM
    Thanks for your words of appreciation. Pls contribute by signing up for the funding drive. This will strengthen us and enable us to deliver in the coming months.





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  • GCBy3000
    02-06 05:25 PM
    Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.

    You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.



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  • bnaredla1382
    06-17 11:01 AM
    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.





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  • rb_248
    04-09 11:58 AM
    Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
    I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.

    Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?

    If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.



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  • victory123
    05-15 12:14 PM
    Hi, I had similar thing, my case status still shows "case transferred from VSCt to TSC as they now have jurisdiction, decision will be taken etc' my case was approved in 2006, the lud was 3/23/2009 and after that it is still the same, noclue as to waht would have triggered this for an approved case, two things could have happened per me (Own views)- employer revoked 140 or regular cleanup of files from VSC as they no longer do 140s..also what is meant by PE in you status...keep me posted.
    Cheers





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  • CheckRaise
    10-09 06:38 PM
    you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number

    I have requested again for the screenshot mentioning the same and waiting on a response. You do seem to have an idea how it looks like, if you dont mind, would you be able to post a screenshot with all information greyed out. With that handy, if they come back with, 'no way' I can go back at them hard saying they are BS'ing me and call their bluff.

    Thanks again!



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  • mikemeyers
    05-07 03:22 PM
    Though indian embassy took 12 months to issue duplicate passport

    wow..that bad...i hope for us it won't take that long...coz on website they say it will take 2-3 months...





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  • sunny1000
    03-28 07:49 PM
    Hi,

    I have contributed a few hundred dollars in the past to IV. I am not in a position to do it now. But, will do again in the future.

    My question is, will my previous donations entitle me a DONOR status?

    Please let me know.

    Thanks.


    Thanks fr your support to Immigration voice

    In order for us to encourage people to contrbute we started the donor system. We are encouraging people to contribute 25 dollar per month to subscribe. If they pay more say- 100, then it will give them subscription for 4 months.

    we have just started this system and hope to fine tune and improve and also provide more services to all our members.

    We are trying not to include past contributions because it will get tough for us to get future contributions that we can invest in IV for all future and current initiatives.
    fyi -from my PM





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  • kaisersose
    06-16 12:57 PM
    She can make all the recommendations she wants, but the decision lies with your employer.

    Obviously, no employer can plan to retain his employees forever. It is a fact of life that people move on. So the basic question is, does your employer have problems with you quitting? What is his expectation? You will have to have a clear discussion with him and then see what he needs.

    Now if his demands are unreasonable, then you can still move on anyway as you are protected due to 180 days passing since 485 filing. Technically, you do not need your 140 copy. Al you really need is evidence that you were with the sponsoring employer for 180 days after 485 filing. This evidence will be your 485 receipt and paystubs.





    immigrationvoice1
    04-09 04:37 PM
    Hi Gurus,
    I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?

    Just fill the I-9 form that your employer provides with the EAD information. The new employer may ask for a copy of your EAD and passport.





    a_yaja
    07-07 09:48 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    Depends on a lot of factors.
    1. Under what category are you planning to file for I-140?
    - EB1, EB2 or EB3?
    2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
    3. How far are you from the 95% difference from your current salary ?

    The reason I ask is this:
    If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.

    If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.

    If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).

    IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.

    Ofcourse, this is only my opinion and not legal advice.



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