Sunday, June 12, 2011

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  • shana04
    01-31 11:58 PM
    Friends,

    Please let me know any good Immigration attorney to transfer my pending 485 case.

    Would you recommned Murthy or Rajiv khanna, they seem to be bit expensive. Are they good at returning calls and answering queries. Gurus, your opinion please.

    Thanks in advance.





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  • krishnam70
    02-22 11:45 PM
    hi,

    My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.

    Around 3 months back i joined a company as a permanent employee using my EAD.
    I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.

    I recently got an update on my H1 application with the following message.
    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    I am assuming it has to do with cancellation of my H1.
    I am not sure if my I140 is cancelled or not.Is there a way i could check this?

    I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?

    Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.

    Since i was without project for a long time, i had to join the new job using EAD.

    Please let me know your opinions.

    First speak to your employer if they
    a) sent a cancellation for H1B
    b) If they received any notice from USCIS/request for information or if they have any information about this
    c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.

    Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them

    - good luck
    kris





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  • Lisap
    09-12 05:27 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!

    Just hang in there you will have your receipts soon!!





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  • up_guy
    08-31 11:48 AM
    I have recently changed my job using AC21. My new employer has filed H-1B transfer and I also had two years of EAD
    While filling up the I-9 form I have used EAD alien #, when I checked the emplyer HR they said that I-9 stays in the office and they do not send its copy to USCIS so my question is how USCIS knows that whether I am on EAD or H-1 B ?

    Can I treat myself on EAD and H-1B both

    Thanks for your response...



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  • mytv
    08-16 02:09 PM
    please do reply .I am waiting.





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  • d15photographer
    August 14th, 2006, 07:53 PM
    hi guys.
    did not mean to turn this into a canon - nikon debate. im just strongly considering switching to a better known brand. the biggest problem i have with pentax is that their products are not as readily avalible.

    eg. a local camera store will have 20 canon products 20 nikon products but onley about 5 or 6 pentax products in stock. simpel stuff like a cabel sutter release i had to wait 3 monthes for. if i had a nikon i could have gotten a fancy programabal cabel release. a lot of little stuff like that is one of the big reasons that i am considering nikon or canon.

    i dont have alot of glass invested in pentax yet and i think it would be better to change now before im stuck with 5grand worth of pentax and then really neading to change my sistem.

    im planing on spending some money on lenses and would rather invest in nikon than pentax. im also pritty sure that i would rather go nikon than canon, no offence mats, but i know alot of photographers who are happy with nikon and i just like the look and feel of nikon more than canon. so now the onley quistion left is d50, d70, or d80...



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  • cchaitu
    07-24 04:34 PM
    Hi,

    If I have a permanent offer after 180 days of Receipt date (I 485)...

    Is this offer should be in the same location (state) where my labor got filed ???

    Please advice...

    Thanks

    Please Advice





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  • fastergcwanted
    07-26 09:13 AM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?


    Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.

    From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...



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  • PD073102VA
    05-21 06:45 PM
    Yes, you will be allowed to get one year extensions if your labor certification was filed before the start of your sixth year. But still you need to get clarfication from an attorney. I talked to one and she told me that since mine was filed RIR and passed the state stage and I was safe but if you filed in Non-RIR and no recruiting has been done then you may not be safe.





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  • ekkatip
    11-06 05:59 PM
    My Friend has two I-140 one EB3 2002 PD and Other EB2 2008PD.
    Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.


    My I-140 EB3 PD 2002 approved in 2006
    I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.

    Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.

    Couple of my friends successfully ported PD and got GC.



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  • walking_dude
    07-26 08:56 AM
    I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.

    In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"

    RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)





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  • gbof
    09-01 04:11 PM
    Congrats to you....I am still waiting.

    Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?



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  • javaconsultant
    03-23 12:03 PM
    Guys,

    Can we contact Center for Community Change for our cause ?

    I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
    a program of Immigrant Rights.

    http://www.communitychange.org/


    Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!





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  • a_yaja
    07-24 01:47 PM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
    There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".



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  • cheg
    07-13 04:24 AM
    this forum is amazing. people are helping each other and trying to make things seem a bit brighter. good luck to everyone!:)





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  • nshantha
    08-14 03:42 PM
    I am also 7:55 NSC R williams too... no receipt yet



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  • transpass
    05-14 02:05 PM
    I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

    1> Very good school district
    2> Low property tax
    3> Very low crime rate
    4> Rental value should be same as mortgage amount+insurance+PMI+property tax
    5> Property values should be in 300K range max
    6> Lot of Indians
    9> Maximum distance to DC should not exceed 30 miles
    10> Close to shopping places

    Just out of curiosity....Are you a first time buyer or are you moving from some other place to DC area? Just thinking about the home buyer's credit for first timers...





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  • GCKaMaara
    04-07 04:52 PM
    I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.

    Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?

    Any help will be greatly appreciated!

    Call me stupid but I thought Hawaii is part of US only.





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  • dilber
    04-24 06:16 PM
    Congratulations... have an awesome party... :)





    gcpool
    03-21 10:50 AM
    Yes you can take advantage of porting the priority date

    I have an EB3 LC/I-140 (2003 PD) approved from company X, now if I join company Y and file a new LC in EB2, can I retain my old PD?
    Anybody has above experience, please share. Appreciate your responses.





    Ann Ruben
    01-08 11:26 PM
    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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