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  • CRAZYMONK
    07-20 02:47 PM
    ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.

    I don't think your revoked I140 will pose any problems as your MTR is accepted.

    Filing your H1b and what documents to be included will be taken care by your attorney.

    I think you should be OK. Any way all the best




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  • new_horizon
    03-12 05:12 PM
    Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.



    refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
    Also, refiling could be required if your job categories are changing. from technical to managerial or so.




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  • ItIsNotFunny
    04-17 09:01 PM
    the problem is if it works

    Me too! But this can only happen in dreams :p




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  • siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.



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  • Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer




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  • wandmaker
    10-27 05:04 PM
    Most of the corporate companies wont ask until you get through the interview. It is ideal to have it on hand so that If they ask you, you should be in a position to provide them.

    If you apply for SSN with EAD card, you will receive the SSN card in a week time. In case of H1B, it takes about 4-8 weeks to receive the SSN card on hand.

    hi !
    Thank you gurus for your quick response .... have one more question in mind ...
    Is it a pre-requisite to have SSN before applying for a job ?


    thanks
    Vinki



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  • yestogc
    05-21 12:02 AM
    This debate is very old one and no one talks about the refinement of EB GC process




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  • nixstor
    09-27 01:40 PM
    http://marketplace.publicradio.org/am.html

    Dont see anything you mentioned about shortage of workers on Marketplace.

    It would be great if we can get some support from David Heenan like Richard Florida.



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  • bah9422
    10-17 08:20 PM
    you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.




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  • FinalGC
    03-30 10:40 AM
    All:

    I have a question with regard to legal status:

    Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.

    (a) What will be the status of my wife and son after the 2 month period?
    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period

    I would appreciate some wisdom here.....



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  • dealsnet
    05-07 01:35 PM
    Do not use some one's profile, if you want answer from any one. To make a new profile will take less than 10 minutes. If you don't have 10 minutes, then how other people spend their time to answer your questions. You want free advice, but you are not willing to join IV. This all shows the mindset of the people.
    Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account.

    guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.




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  • rockstart
    09-12 10:08 AM
    Point is not wikipedia or other site. They should be relying on information provided in proper legal format and not on some internet based site. Example if some one is working for Microsoft and if I google the keywords I might get some website which says how MS products are bad and how Bill Gates has stolen technology from XEROX etc. Which is all nonsense and no way concerns with the application in hand's of the IO. So they have the liberty to ask for more information where ever they need but they should not prejudice themselves by reading internet based information.



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  • rvr_jcop
    02-17 12:34 AM
    Hi,

    I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.

    If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
    Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.

    Thanks for your advice !

    Yes, you can do that by invoking AC-21. You dont have to be on EAD to join another company. You are perfectly OK if they are willing to tranfer your H-1 from the old employer.




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  • desi485
    11-10 07:49 PM
    I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.



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  • pratibha
    04-23 09:25 PM
    When My immigration came through, my family and I all flew down by air, stamped ourselves as Landed Immigrants and then came back to states.
    You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
    To maintain the PR status you have to be the country for 2 years.




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  • coopheal
    11-05 06:10 PM
    Bump



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  • kosars
    09-12 03:13 PM
    Hello Guys,

    I was wondering if any one of you have any estimated time for FP notice from TSC?

    My 485 ND is August 27 from TSC (case originally filed at NSC on July 2nd which later got transferred to TSC) but haven't received any FP notice yet. Is TSC slower in issuing FP notice?

    Also, I believe that it may depend upon the ASC office situation as well. I am from NJ so may be Newark ASC must be "overbooked" now for FP.

    Any ideas? Thanks.

    i got mine in 1 week after the ckecks were cashed and RN mailed.




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  • casinoroyale
    08-22 09:42 AM
    I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.

    In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.

    By the way, this is the only way one can re-instate their H1-B status after using EAD.


    Coming back on H-1B after using EAD
    =========================
    Is it possible ? if yes then how ?
    Is there any risk in this ?

    Thanks for all who reads and reply..




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  • WaldenPond
    01-23 07:49 PM
    In some of the threads in this and other forums there was some concern expressed about non-citizen's right to hire a lobbyist or petition congress. Here is the text of the 1st Amendment of the Bill of Rights:

    Amendment I
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

    The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.

    Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.


    Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm

    If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.

    It is the right of all to petition congress and tell the lawmakers about their grievances.

    -WP




    logiclife
    03-10 01:44 AM
    Friends,

    I have had 10+ members sign up so far.

    This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.

    More members means:

    Bigger organization.
    More funds to pay for lobbying.
    More faxes and emails to congress when the time comes for grassroots advocacy.

    Thanks,
    Jay.




    thomachan72
    03-28 01:51 PM
    Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
    Have arrived here at the age of 15 or under;
    Have lived in the U.S. for at least 5 years;
    Graduate from high school;
    Serve in the military or attend college for at least two years; and
    Have good moral character.

    Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.