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  • coolmanasip
    07-19 09:49 AM
    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.





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  • peer123
    04-17 09:20 AM
    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

    I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
    and system analysis - mentioned in related occupation

    the approval job code is 13-1111.00 - the new title i am getting is system analyst.

    also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...





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  • dealsnet
    02-27 09:33 AM
    That is why US consulate is not giving visit visa to Indian youths 15-35 years of age.
    They know, these guys will come here and work then marry a US citizen to remain legal.
    So need legal entry is required, then remain illegal, without any problem, just marry a US citizen.
    This is giving a problem to deserving visit visa applicants.

    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.





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  • black_logs
    03-25 08:34 AM
    TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.

    Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already thrashed TOI for publishing such nonsense and urged them to stop helping anti-immigrant groups by publishing such stupid articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.

    http://timesofindia.indiatimes.com/articleshow/1463861.cms



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  • gc_chahiye
    02-17 09:43 PM
    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.

    you can get back to H1 status, it might involve:
    - filing a H1 petition (you wont be counted agianst hte quota)
    - leaving US and coming back in, to "Activate" the h1.





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  • franklin
    06-22 04:12 PM
    doesn't matter, they are all pretty much the same, and cost pretty much the same amount of money.

    It is murphy's law that they will all look dreadful :)



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  • like_watching_paint_dry
    01-13 08:33 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation

    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.





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  • rvr_jcop
    03-27 12:38 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)

    Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?



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  • sri_chicago
    05-14 06:24 PM
    Hello friends,
    On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.





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  • jkays94
    03-31 03:01 PM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html

    S. Mitra Kalita: From a former H-1B holder... You know what strikes me? The minute an H-1B holder gets his or her green card, they seem to forget (and likely want to forget) those days where they agonized and strategized over how to stay in the country, where in the labor cert process the application was, etc. I wonder if the H-1Bs have any lobbying groups out there for them. If so, can you please e-mail me with your contact info. Years ago, I used to quote a group called the Immigrants Support Network but I have tried to reach out and not heard about it in a long time. Any H-1B support groups out there?

    This was in the H1-B discussion, could someone from the core group please do the needful. I thought this article written last year was very insightful into the plight of EB based immigrants and with this reporter reaching out, it could be a good opportunity to get the story out http://www.washingtonpost.com/wp-dyn/content/article/2005/07/22/AR2005072202060.html

    Some info : If you are trying to reach a Washington Post reporter or staff member, please call 800.627.1150 or 202.334.6000.



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  • onemorecame
    10-22 02:43 PM
    Hi Gurus,

    I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

    Is it any problem to get 2 A#? if yes then what should be plan of action?
    If No then which one is active A# number.

    Please advice.

    onemorecame.





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  • andy garcia
    07-30 08:45 PM
    Let's hope everyone will be all right.

    My son will turn 21 in December 07 and I stuck in name check for who knows how long.



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  • optimystic
    04-08 06:21 PM
    See my details in signature.

    Just waiting for the Processing dates in Nebraska to progress now.





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  • ganguteli
    04-23 01:16 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
    Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?

    I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.



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  • bharad
    09-18 04:26 PM
    My PD is oct 2004 it is way-off from the current priority dates according to the visa bulleting, but still I received the EAD for only one year(approval date: 9/11/2008). Did you receive any positive info from the INFO-PASS appointment?
    :)
    That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.





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  • jack_suv
    07-20 10:33 AM
    Hi all,

    As one reply pointed out,

    AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.

    EAD is a way to get a job. Obviously using EAD is easier than filing H1.

    So you can use AC21 by using H1 and still retain spouse's H4.

    You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.



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  • r_ferns82
    03-07 08:24 AM
    I voted for mlkedave. I liked it the best among others.





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  • pjalan
    04-01 03:08 PM
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    Can't I myself respond to the RFE?





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  • Wish_Good
    06-22 06:04 PM
    Hi Attorney's,

    Thanks for this excellent community service. Which will help lot
    of people like me who are stuck with the Immigration/USCIS Issues/Errors.

    My Sincere thanks for responses to my earlier posting.

    Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
    and got RFE regarding my Educational Transcripts Which was
    responded in time and USCIS received on Dec 5, 2007. Then Got EAD
    and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
    due to 3yr degree) then I-485 denied on June 26th 2008. So, First
    applied MTR for I-140 which was denied on Feb,2009. Then applied
    one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
    by USCIS... receipt copy not yet received).

    Suddenly in the recent past month I see that, My I-485 status
    updated saying -Transferred and now pending @ Texas service center
    (got a notice). So, I applied EAD on June 4th 2009 based on this New Status.

    But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.

    Company B: Before I join this company B. They already applied my Labor (GC)
    and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.

    Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.

    Looking into this.

    My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.

    Please help me.

    Thanks a Lot in Advance.





    indyanguy
    01-13 09:40 AM
    We received the RFE letter on my pending I-140.

    I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.

    Initially I had sent:
    a. 1 letter from Company A
    States my title, skills dates
    b. 2 letters from Company B.
    1 generic letter from HR stating dates, no skills
    1 letter from colleague stating title, skills, dates

    Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?

    =====
    Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.

    Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
    ====





    seekerofpeace
    09-09 10:16 AM
    Gimmegreen,
    I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....

    I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...

    Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...

    Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"

    SoP



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