Monday, June 27, 2011

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  • zCool
    03-20 04:43 PM
    IF USCIS revokes 140 for fraud, you got 2 issues
    1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
    2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
    If you don't trust the company.. leave while you are ahead!





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  • Sakthisagar
    06-11 11:35 AM
    Having a "current" priority date, however, does not assure that a case will be adjudicated. The CIS, despite policy pronouncements to the contrary, clearly does not process cases on a "first in, first out" basis. Indeed, there does not appear to be any rational basis for their case selection scheme. The CIS Ombudsman has accused them of "picking the low hanging fruit" - meaning that they take "easy" cases in preference to "harder" cases, no matter when filed.

    Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.

    Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.





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  • raysaikat
    07-08 12:10 PM
    yes,
    You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
    If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
    For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).

    I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.





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  • InTheMoment
    02-27 01:16 PM
    UnitedNations,

    While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
    It's another thing that none of us used that I-130 ever.

    Leslie535,

    Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.



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  • GCHope2011
    03-23 09:45 AM
    smuggymba,

    Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
    You risk of being barred from entry is very real as you have accumulated more than 180 days of illegal presence in the US.

    Your lawyer is right - and although there are some chances that some people are not barred, such info is mostly anecdotal and should not be used as a basis for making definitive plans.





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  • gc28262
    04-01 10:54 PM
    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.



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  • eb3_nepa
    11-05 11:27 PM
    The following are not counted against H1b caps as far as i know, the list may not be complete:

    existing visa-transfer jobs

    employees of not for profit entities

    University employees

    J-1 doctors starting an underserved area job

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks





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  • prioritydate
    07-23 11:32 PM
    She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?



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  • REEF�
    06-11 03:59 PM
    VDAMINATOR!

    THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!

    You p0rn lover...

    Look at that...the right side doesn't even have that strip. And she's wearing a white one thats just probably coming off...

    Nice work :beam:!





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  • GCBy3000
    03-31 02:21 PM
    it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).

    Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.

    Thanks



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  • immilaw
    11-21 08:14 AM
    Sorry if that title is misleading.

    How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?

    Don' worry about the available visa numbers. Just express your hunch feeling.

    Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?

    I am hopefull of this happening next year.
    What about you?

    Maybe





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  • WaitingForMyGC
    06-25 11:18 AM
    Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.



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  • shankar_thanu
    07-27 09:10 AM
    Very helpful man, thanks.

    and yes, it would be helpful to have this somewhere in a prominent spot on IV..





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  • nandakumar
    03-06 09:41 PM
    Faxed



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  • sgupta33
    03-20 03:23 PM
    Hello All,

    I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?

    Thanks.





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  • pd_recapturing
    09-26 04:13 PM
    Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?



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  • ganguteli
    03-27 10:28 AM
    Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
    and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.

    Just one space buy in a major newspaper will cost 10s of thousands of dollars. I think it is a waste of money.





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  • harikris
    12-05 10:19 AM
    Hi,

    Thanks for your response.
    AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.

    My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.

    Thanks for the idea on the thumb impressions. That helps.





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  • cox
    April 3rd, 2005, 04:39 PM
    Okay, I got so much helpful advice on the last one, try this shot!

    I was heading into yosemite just before sunrise and caught the pre-dawn light over Half Dome. But your eye is able to discern a different dynamic range depending on where you focus, so the picture looks different than I saw the scene. For example, the sky is bright and fiery, but I have lost almost all contrast on the mountain itself. Is that a problem from a photgraphic viewpoint? I'm pretty sure it must be, but maybe it's pleasing enough as is, or you all can advise me on some post-processing to spiff it up. All help appreciated :)

    http://www.dphoto.us/forumphotos/data/931/medium/Sunrise_over_Half-Dome_04-01-05_C.jpg (javascript:;)





    sandeep77
    07-26 04:09 PM
    hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??





    mpadapa
    08-07 11:34 AM
    I'll be there



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