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  • dealsnet
    08-14 10:11 AM
    See the real color of this person. She is now threatening IV member about the law suite file against the posting. Is she is a real friend of immigration community. ???
    ADMIN please reply.

    She is threatning IV community to deleate my posts or she will ask a lawyer to take care.
    Any body with common sense can find her threatening tone.
    America is a free country and freedom of expression is our right. Ms..........

    She created a user profile as an immigrant (see the handle portion) and posting message.
    Her previous thread is a false information claiming new USCIS rule regarding labor certification. So giving false info and attract to her thread. Everybody knows labor certification expire after 180 days. No labor substitution is allowed.
    http://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/146464-eb-3-denied-for-education.html

    EB-3 Denied for education

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

    I have been chatting with a few lawyers about a new ruling that these lawyers seem to believe can allow many who have had their EB3 denied for education reasons to refile a new I140 under their old Labor Cert (they never expire and you keep the old port date) and should meet with an approval. It does not apply to every denial, of course.

    I don't want to post lawyers names here and I don't want to solicit any business for anyone but if anyone wants to contact me I can go into greater detail.

    ADMINISTRATOR2 need to stay more years in this country and gain experience to see GOOD & EVIL.

    She is not a lawyer to qualify to give any advice to the people regarding immigration. She don't have any disclaimer in her postings. What she does is a call to the members to contact her and do business with them.

    She is hijacking IV website with these rants. I ask my brothers and sisters in IV to see a cause to weed out these parasites from our forums.

    I am still waiting for ad rates. Please send at your earliest convenience.

    Also a member DEALSNET is posting lies about me and my staff. No one on my staff posts here. I post and only under my own name. I would appreciate it if you can take his posts down so I do not have to ask my lawyer to handle this. As you have posted I do my best to help the members. This person is on a vendetta for reasons I can only guess at.





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  • govindk
    11-14 01:36 PM
    I have no information on EAD and AP as well.

    Receipt Date - 07/27/2007
    Notice Date - 08/31/2007
    FP Date - 10/10/2007

    I had infopass appointment yday. My understanding of 90 days was from receipt date but apparently USCIS is counting 90 days from notice date. I was asked to come back after Nov. 30 (When my 90days will be completed from notice date)...





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  • bsbawa10
    08-15 02:43 PM
    Mine was transferred from TSC to CSC on June 21, 2007, no updates since then. CSC is not even processing 485 applications. Customer service told me to wait for atleast a year.





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  • peer123
    04-11 01:10 PM
    My assumption is, if it is going to be AOS, then there should be a LUD on I-485. But why just on the approved I-140?. I am curious.:confused:

    I got LUD for both I140 and 485 ... last month on 3/23 and 3/24
    PD sept 24 2002
    I140 Approved
    485 pending



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  • la_guy
    05-07 05:44 PM
    If the child is born in india, when both(husband and wife) are in EAD, and no valid H1. Then the child cannot come to USA using H4. The child can come using visitor visa (B2) for short periods...

    Similary if you are in GC, then the following rule applies --- "A permanent resident of the US may bring a child born abroad to the US and have the child automatically receive permanent residency; provided that the minor child is brought to the US the first time either parent re-enters the US. This latter point is incredibly important." (Did a google for this)

    If you are in H1, then H4 is always there....

    Pls. Correct me if am wrong!!!





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  • felix31
    03-20 10:10 AM
    survey done, also posted my story in the comments section and asked to include filling for I-485 even when visa numbers are unavailable.



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  • sanjay
    09-28 03:27 PM
    Hello GC20,
    Can you tell me how you got the position in the queue? Please send the link where this info exists..

    thx


    Check here.

    Based on FOIA data released to IV by USCIS http://immigrationvoice.org/tracker/waitimesUSCIS1.php

    Based on data available on the USCIS website http://immigrationvoice.org/tracker/waitimesUSCIS2.php





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  • obelix
    08-21 04:14 PM
    My lawyer filed my 140 as premium processing on June 21st. [Or that is what they claim now]. The petition was receipted on June 27th which was within the limits they accepted premium processing.

    Today, after repeated pestering of my lawyers [USCIS won't discuss 140 with me], they told me that USCIS had refused my 140 premium processing.

    They now tell me that they are going to re-file my 140 and ask it to be upgraded to Premium Processing. Apparently USCIS goes by receipt date for premium processing so my lawyer says it will be accepted as premium.

    Does this make sense? Or is my lawyer scamming me?



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  • desi3933
    03-10 04:08 PM
    I did not know about cross chargeability! It might work very well in my case..

    I am from India and I have my i-140 approved and waiting for my PD(Oct07) to become current to file for my I-485 under EB2.

    My girlfriend who is from Portugal, is on a F1 visa.

    So if we were to get married - I can change my 'chargeability' to Portugal instead?

    Isnt the chargeability solely dependant on the nationality of the primary applicant?

    22 CFR � 42.12 Rules of chargeability

    (c) Exception for spouse. If necessary to prevent the separation of husband and wife, an immigrant spouse, including a spouse born in a dependent area, may be charged to a foreign state to which a spouse is chargeable if accompanying or following to join the spouse, in accordance with INA 202(b)(2).

    Document Link (http://edocket.access.gpo.gov/cfr_2002/aprqtr/pdf/22cfr42.12.pdf)





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  • lazycis
    12-10 04:54 PM
    Here is what the USCIS says:
    http://www.immigration.com/newsletter1/newac21guidance.pdf
    Question 3. What is �same or similar� occupational classification for purposes of I-140 portability?
    Answer: When making a determination if the new employment is the �same or similar� occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the �same or similar� occupational classification.
    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of �same or similar� occupational classification.



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  • waitingmygc
    05-27 11:58 AM
    austingc,

    Be careful, if your H1B extension is pending for whatever reason and you leave country then the pending H1B extension will be denied. If you think otherwise, simply consult your attorney.


    Madhu, AP has nothing to do with work authorization. In order to work you need either H1B appoval or EAD. AP or Visa is used to enter inside the country and that has nothing to do with work authorization. I have used AP several times and contnued with H1B and even got H1B extension with I-94. The only confusing thing is going out of the country while H1B transfer is pending and entering on AP to continue on H1B. Can you educate me? How does this violate LCA and trigger NOID?





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  • legaleagle
    10-19 01:57 PM
    H4 can work on EAD only upto validity of EAD.
    If new EAD is not available he/she should stop working immediately.
    Can start working when new EAD received.
    Validity of His/her stay depends on the I94 date
    He/She can revert back to H4 by leaving port and getting new I 94 stamp.



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  • gcwait2007
    10-11 07:44 PM
    I have a expired H1 visa and will be travelling to India (plan to use AP for reentry) and will be stopping in Dubai for sightseeing for 3 days.

    I understand I need a transit visa and would like to apply for one in US. I am flying Emirates and believe Emirates can sponsor for the visa. They told me to use CIBT (http://www.cibt.com) for applying for a visa. On the cibt site, it asks for a unexpired visa or a Green Card.

    I wonder how others with expired H1s have got transit visa to Dubai.

    Any help is really really appreciated. :confused:

    You can get transit visa when you arrive in Dubai. One has to pay 100 Dhirams (=40 us dollars). During my visit and stay, I paid thru my credit card. I was never asked any question. I stayed in Dubai for a week with a relative of mine. My H1-B expired some time ago and I use AP for travel.





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  • saurav_4096
    09-06 11:15 AM
    Nope.. He like red color like you.

    Anyways for the prediction. I dont think that there will be any forward movement till next year july.

    I hope i am wrong and we will get some decent movement.

    MC

    dont know if I like red or not... but I dont mind... I think this is the way frustrated people take their frustration out by giving red.



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  • hopeful08
    06-14 04:15 PM
    If possible, cut short her trip from 7 weeks to 3/4 weeks and you will be able to apply for both by July end...Take an appt with the doctor right away and get ur medicals done b4 she leaves.


    Hi ,
    My wife and I are currently on H1 visas working for different companies. She is supposed to travel to India this sunday(Jun 17th) for a 7 week trip where she had a consulate appointment for stamping etc and is scheduled to return on Aug 5th 2007.

    We are in a dilemma from yesterday when we came to know that I485 has become current. We are looking at two options but am not getting any lawyers to confirm as they are all at the immigration conference till Monday and I need an immediate solution. The two options are

    1) She cancels her trip and we file and wait for the EAD etc before both of us go. However it is 80% essential she goes now.

    2) She goes on Sunday, and I get all my 485 docs/health certificates in order and file and file in July. When she comes back in Aug I can add her on to my 485. Is this feasible and will this affect my 485 application?

    3) SHe travels a week later and we can complete all documentation within a week? Is this feasible?

    Any and all responses are appreciated and any other option we can consider.

    One attorney got back to me saying if she adds on to my 485 in aug, there might be problems if it is not current and your application may also be pulled out of the quese. Is this right.

    Long post, But I am in a big dilemma here and the trip is very important to my wife but the GC is on top of our priorities as well. Looking forward to getting a solution from the learned members in this group.

    Regards
    Ashok





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  • adaparj
    07-24 06:21 AM
    Thank You all, for sharing your expertise. Looks like postponing the trip would be ideal if I can, but I can't given the importance of my trip. I'll be going. To me below is the criteria, used for my own analysis.

    1. I am on H1 visa and will be coming back on the same H1 visa.
    2. I am physically present in US at the time of filing (physical delivery of I-485 application), will keep record of Fedex delivery.
    3. Based on the volume of filing that is taking place, I don't think USCIS will be generating receipt for my application within a week, and I'll be back from Canada by 8/5. Which means by the time they try to generate the receipt I'll be in the country.
    4. We need to provide latest I-94 info in I-485 application and I-94 will not change when we visit Canada for a week.

    Have a good one!
    Thanks again.
    adaparj.



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  • boston_guy147
    03-10 04:47 PM
    So even though I was unmarried when my labor and I-140 were filed and approved, if I get married now, I can still add my wife's name to my I-485 and avail cross chargeability?

    This sounds perfect as I was planning to get married anyways!





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  • mita
    03-12 08:57 PM
    Star,
    1040X (amendement form) has to be filed before April 15th and not after as per IRS representative, could you please verify? Thanks...





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  • DDash
    03-11 05:06 PM
    Extension of Time to File Your Tax Return => htttp://www.irs.gov/formspubs/article/0,,id=98155,00.html

    Thanks!





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    06-21 05:13 PM
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    gmurthyusa
    04-15 06:46 PM
    My I-797 is expiring and my company will be applying for renewal in a few days.

    As I am working for a desi consulting company, the attorney has suggested me to get a client letter.

    I heard that, the H1-B will be renewed only for the date mentioned in the client letter.

    Eg: If the client says, my project will end by december 2009, then I will get my extension only till that date.

    Can somebody please share their recent experience? I have my I-140 approved 8 months ago and I am really hoping to get a renewal for 3 years.

    Can sombody please reply?

    Thank you very much



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