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  • hpandey
    01-24 12:34 PM
    Maybe your lawyer should jump into the well or go back to school ;)





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  • dilbert_cal
    07-10 12:00 AM
    Answer inline in different color
    I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).

    Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.

    Questions

    1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
    The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.

    2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
    Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
    Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.

    Hope this helps you.





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  • pmb76
    08-20 08:39 PM
    I'm waiting as well PD Nov 2005, I-140 approved July 2006. RD July 2, 2007.





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  • msyedy
    01-10 02:06 PM
    Hey BacktoSchool

    If you have EB3 2002 labor approved( I have not seen that in your post) now.
    If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
    Get I-140 of both EB3 and EB2 labor approved via premium.
    USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.

    Think on this, ask your employer and lawyer, couple of my friends are doing this.

    In max six months time you will be eligible for I-485



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  • Saralayar
    09-09 10:39 AM
    There is ATA (American Telugu Association) too and they have a convention in New Jersey this weekend.

    ATA and TANA are big orgs but most of them are ABCD and USA citizens and I aam not sure to what extent we can get help from them.

    The key to our solutions lies in us. Ours is a big community, but a very few people spend time and money and energy on working towards our goals and always want others to fix our issues

    Most of the members even don't care about us. All are well settled citizens. One more thing, there is lot of group politics in those organizations. This also needs to be taken into account...





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  • GotGoose?
    04-22 07:15 PM
    Took your advice and made another one.



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  • SunnySurya
    11-02 05:09 PM
    Yeah! let us all right to John McCain!
    All,

    Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
    or
    does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
    Thanks,





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  • mhtanim
    10-28 03:29 PM
    You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.

    Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.

    Applying for a SSN and getting it and has NO impact on your immigration status.



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  • urstruly
    07-27 12:42 AM
    485 was approved on 7/26/07. Wife's 485 was delivered by Fedex to Nebraska Service Center on 7/19/07.

    Is wife OK and does this mean her 485 is pending(even though receipt is not sent by USCIS yet) or she is going to be out of status???

    Thanks,





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  • gc28262
    11-30 10:52 PM
    All,

    I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August

    I filed on August 15th
    No receipt notice yet as of Nov, 5, 2007

    Anybody else in similar situation ?

    My attorney received attorney's copy of 485/140 notices on Nov-14-2007. I didn't receive my copy so far as I had moved after filing my 485. However I used attorneys copies for filing my EAD etc.



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  • reddog
    11-18 08:42 PM
    To be totally at peace, you can send an invitation letter and ask them to carry a printout of the letter.





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  • roseball
    04-20 09:24 AM
    You should file for amendment before your current I-94 expires....If you already have a I-94 from Kaplan, do it asap...Your lawyer should have known better....



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  • rajeev_74
    12-02 12:52 AM
    Are you EB3?





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  • akhilmahajan
    06-22 08:24 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............



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  • immguser
    03-27 05:01 PM
    Hello,


    I am in a same situation, this happened to me on wednesday. I have I-140 approved and lost job. In H1B on my 4.5 year.


    With the new company hiring should i start the process all new? File new PERM right from the scratch?


    Kindly advise.


    Thanks,

    Immuser





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  • snathan
    03-20 01:04 AM
    Yes



    No. You will need new visa stamp.

    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.



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  • neerajvir
    07-17 05:52 PM
    Just made a contribution of $100 to IV. Please take time to renew the faith and keep the pressure on..





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  • ujjwal_p
    08-14 09:12 PM
    good morning.
    This horse has been beaten to death before.

    the pre-adjudication process does not give u any benefits of I-1485.


    I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!

    From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.





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  • veni001
    11-05 09:27 AM
    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.

    You need to consider two scenarios here...

    First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.

    In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)

    Second: Approved I-140 revoked by USCIS due to Fraud

    In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.

    Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.

    If the PERM labor expires then you can not use that to get 1 year extension
    If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p





    krustycat
    10-24 10:40 AM
    I called uscis twice. The IO said they cannot raise a "Service Request" because they don't have enough evidence that the application was received properly and accepted for processing. They don't accept the tracking number as evidence. :confused:
    The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
    On July 9 my application was received in NSC and was signed for by F HEINAUER.
    107 days and counting... :(





    logiclife
    03-28 06:04 PM
    Yes, dailykos does have a very strict policy of purging trolls and hecklers. They too are anti first-amendment and anti free-speech like IV moderators. If you go on their site and post nonsense, you will be banned in a nano-second.

    Unlike IV, where we used to argue and reason with trolls and miscreants last year.

    People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.

    Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).

    A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.

    That is how the world works. You dont get the trash people on their own website.

    Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.