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  • greatguy
    08-24 05:43 PM
    #2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.

    Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?




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  • seebi
    03-14 01:10 AM
    http://www.murthy.com/mb_pdf/030609_P.html

    See under Improper Denials of I-485 AOS on Priority Date Issue
    I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.




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  • akhilmahajan
    04-20 11:50 AM
    Well said sir.

    It really paints a true picture for all of us.




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  • mdcowboy
    12-09 11:38 AM
    To complicate things further, cloture on 9-11 responders failed by 57-42. Republicans are not willing to let anything go till Tax cuts bill is undertaken.

    The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.

    Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.

    Please standby for further updates.

    DREAM Act appears dead after Dems pull it from consideration - CNN.com (http://www.cnn.com/2010/POLITICS/12/09/dream.act/index.html?hpt=T2)



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  • PD_Dec2002
    07-05 04:53 PM
    jonty_11, sundevil:

    Isn't it possible that "sts_seeker" did not buy a subst LC or secure it illegally? Are you going to assume he's guilty unless proven innocent?

    What if he's working for a decent company, and the company had a LC available because one of their employees left? What would they do with the LC other than offer it to another deserving employee? And why shouldn't "sts_seeker" take it if it was offered through perfectly legal channels?

    You guys have a problem when DOS/USCIS does something illegal. But you have a problem even when "sts_seeker" and his/her company did something perfectly legal!

    Your fellow senior members "nixstor", "tikka", "ramus", etc are working hard to get people to contribute to IV. And here, you are driving new members (and potential contributors) away?

    Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.

    Thanks,
    Jayant

    P.S.: And for the record, I have not applied for GC using a subst LC. I know you must be itching to ask me this since I am offering a different opinion.

    Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying anything that you might have to say. I would, however, reply to a civil and a healthy discussion.




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  • radhay
    05-06 07:50 AM
    Hi, Did they also request paystubs in the RFE ?



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  • Devils_Advocate
    03-20 05:29 PM
    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

    This actually clears alot of doubts people had regarding the whole extension/COS question.




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  • pleaseadviseme
    09-22 02:28 AM
    Hi, guys, i am new here, I hope you guys can help me with my urgent questions.

    I am on my OPT which i do have a F-1 visa. my employer said he will file my H1b petition on Jan. 1st. and thank god this is from a non profit organization(hospital and filing from university hospital level), so i guess i do have the non-cap advantage...

    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time? is it possible to apply for H1b for me, and my wife f1 to h4 change of status the same time without i get approved on h1b? she is going to meaningless school to maintain her status, but if she can be on h4 (not including f2), she can save alot of money and alot lesser pressure.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs. also, if i get denied, she will be denied too, but if she gets denied, will i get denied?
    in other word, is filing both visa same time affect the chance of getting approved? i have heard some people saying that it's alot better to file one at a time rather than both at the same time.

    u guys know the odds of getting approved on h1b from non profit organization these days? my hospital is a non profit research hospital with 1500+ employees.

    thanks alot guys and girls. i wish you the best with your visas!!!!



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  • summitpointe
    02-20 11:53 AM
    How can you use I-140 from Company A and 485 from Company B. I think you can't do it.

    But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.

    I would suggest you to consult an Attorney before taking any decision.




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  • arc
    11-12 01:08 AM
    I have a future employment never worked for them and was going to do a AC21 cause I received RFE asking my intent, the RFE mentioned that I can either do AC21 with current company or stay with the future employment company... :confused: I stayed with the future employment company and I thank my stars cause the current company I worked for went under...:eek:
    My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!

    Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI



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  • sundevil
    07-11 01:58 PM
    May be it was the Attorney General Alberto, not Emilio Gonzales. He is coming after you for bribing a federal official.

    Just Kidding :) But interesting though.:cool:




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  • vamsi_poondla
    02-06 05:03 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.



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  • gc_seeker_2001
    01-29 09:48 PM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.




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  • sertasheep
    08-26 10:09 AM
    Dear IV Members,

    We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.

    --------------------------------------------------------------------------
    You can find more information about Ms.Mehta Verma on her firm's website at

    http://www.nankin.com/mehtaverma.html

    Sonal J. Mehta Verma, Esq.
    Nankin & Verma PLLC
    11 North Washington Street
    Suite 360
    Rockville, MD 20850
    T: (240) 456-0000
    www.nankin.com

    --------------------------------------------------------------------------
    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:

    Name(Nickname or handle):
    City/Area/Country of current residence:
    Country of citizenship: (Makes it more relevant)
    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.

    Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

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

    Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.

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

    Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.

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

    Thank you, and have a good weekend,



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  • ameerka_dream
    05-06 03:52 PM
    Guys,

    I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?

    I would appreciate if anybody can point me with links if somebody already gone through this.

    Thanks.




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  • rameshk
    12-09 10:49 AM
    Hi
    Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
    Thanks,



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  • eadguru
    11-05 09:32 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05

    Congrats! Thanks for the feedback. From which center (TSC or VSC) your FP received.




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  • gcman2005
    10-15 02:47 AM
    My wifes EAD got approved today. Still waiting for AP.




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  • hmehta
    08-08 01:49 PM
    May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!

    :(
    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.




    richardl609
    09-28 08:11 AM
    hi i got an RFE for ability to pay, my pay was 55K ( it had to be 66K ) last year 2006 on my W2, my RFE asked me on ability to pay where my labor was approved on feb2006, so i had to show that my employer has the ability to pay till date.

    So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2

    i Just got approved

    hope this helps




    fide_champ
    03-04 05:10 PM
    Is there anything i can do on H4 visa??

    Enjoy life at home :-)



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