natrajs
08-24 08:08 AM
FP notice will come later.
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gene77
10-19 01:54 PM
My case is exactly like yours ....
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
pointlesswait
05-05 08:37 PM
I would consult an attorney to understand your residency status..
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(
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ameryki
07-16 10:14 PM
try calling now..most dr's that were packed earlier this month are now wide open due to everyone cancelling. but do it fast with the new developments things might get tight again. for eg- I have an appt lined up for Wed morning just incase things come through tomorrow :-)
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GCmaniac
03-27 10:56 AM
Hi Breddy2000,
Was your attorney from your company very much expert or you hired top rated attorney like Murthy or someother same category lawyer?
I am in same disstress as you were, please respond ASAP, becaue I am not getting the feel from my company lawyer, so thinking of not to take a chance and go for high-end attorney.
Thanks In advance
Was your attorney from your company very much expert or you hired top rated attorney like Murthy or someother same category lawyer?
I am in same disstress as you were, please respond ASAP, becaue I am not getting the feel from my company lawyer, so thinking of not to take a chance and go for high-end attorney.
Thanks In advance
snathan
04-28 10:24 AM
We see a lot of these articles every day praising illegal immigration. How about creating a google group with volunteers that will pick up such similar articels and post a rebuttal, either online or through another website?
The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
This was estimated from the 2010 Census data.
We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
People who are good at parsing excel/MDB, csv sheets will be useful.
Most people are not aware of our issues and contributions to society.
Were you part of the call yesterday on the Filing I-485 when PD is not current....we do have plans like these...and take part.
The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
This was estimated from the 2010 Census data.
We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
People who are good at parsing excel/MDB, csv sheets will be useful.
Most people are not aware of our issues and contributions to society.
Were you part of the call yesterday on the Filing I-485 when PD is not current....we do have plans like these...and take part.
more...
Vlora
10-25 06:57 PM
My lawyer tells me so. Also, the bulletin you cite is very old. Most people stuck in name check, for which BTW there is a separate thread, will coroborrate what i've said.
The bulletin is 2 years old (if that is considered old, given the GC standards). However, no new bulletins have followed to void it. Unless I have been advising with the wrong lawyer and wrong GC applicants (many), there is no such thing as I-485 Approval before the name check is completed. Any third party would like to comment?
The bulletin is 2 years old (if that is considered old, given the GC standards). However, no new bulletins have followed to void it. Unless I have been advising with the wrong lawyer and wrong GC applicants (many), there is no such thing as I-485 Approval before the name check is completed. Any third party would like to comment?
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hpandey
09-16 10:58 AM
I was wondering if your H1 visa was not approved how did you come back on H-4 visa. Didn't your H4 status get invalid when your H1 got approved.
The approval of your H1 would have invalidated your H-4 visa :confused:
The approval of your H1 would have invalidated your H-4 visa :confused:
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newbee7
07-04 11:50 PM
http://online.wsj.com/article/SB118359095890657571.html?mod=googlenews_wsj
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gcdreamer05
09-22 12:50 PM
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
great info man, our hopes are now back again !!!!!!!!!!!!!!!!!!!!!!
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
great info man, our hopes are now back again !!!!!!!!!!!!!!!!!!!!!!
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acecupid
08-04 12:08 PM
Mumbai consulate.
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it
But he asked me nothing
Does mumbai consulate still require you to submit documents in advance (4-5 days) of the interview date ?
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it
But he asked me nothing
Does mumbai consulate still require you to submit documents in advance (4-5 days) of the interview date ?
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ivgclive
04-18 06:43 PM
Good work, at least you want to show them what you feel.
Address him as "Mr.President" in future and avoid using names most of the time.
Address him as "Mr.President" in future and avoid using names most of the time.
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va_217
10-09 03:53 PM
This month end my I-94 will be expiring and 2 months back I have changed my passport to a new one as it was expiring. I have renewed my H1 recently(15 days back) with the H1 extension I received new I-94, would that be sufficient or I have to go out and come in again for a new one
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msp1976
10-19 02:09 PM
Can you change job after you get 3 year extension (based on approved 140)?
It is kind of dicey...If you are quick enough you can pull it off...
You can refer to some posts up above that some people have actually done it..
Especially if you are laid off you have not much to lose and try something ...
USCIS has traditionally not taken a hard line against H1B as far as I know...
It is kind of dicey...If you are quick enough you can pull it off...
You can refer to some posts up above that some people have actually done it..
Especially if you are laid off you have not much to lose and try something ...
USCIS has traditionally not taken a hard line against H1B as far as I know...
more...
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ntpatil
11-11 12:56 PM
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
Exactly, that's the reason I posted my questions. I am content to know that my questions have answered many concerns of others.
Exactly, that's the reason I posted my questions. I am content to know that my questions have answered many concerns of others.
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sodh
07-12 04:29 PM
I do not have knowledge of that you can convert your H1-B application to PP after you get a RFE. But as far as I know that if your application is pending you are safe, in the mean time why don't you find a new employer and transfer your H1-B to the new Enployer.
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kokil
03-09 07:37 PM
Ok I have started exploring other alternatives but still I don't want to let go my efforts which I put for completing couple of subjects so I went back to U21 global and they said that they can give me degree from University of Melbourne, if I opt for it. So now I want to evaluate getting degree from University of Melbourne is ok? It seems they just now got AACSB accreditation.
The University of Melbourne Becomes Second School in Australia to Earn AACSB International Accreditation in Business and Accounting (http://www.aacsb.edu/media/releases/2011/accreditation-university-of-melbourne.asp)
However I am not sure the online program will have AACSB accreditation.
Is there any location where I can go and check that degree from University of Melbourne is valid?
-Jignesh
The University of Melbourne Becomes Second School in Australia to Earn AACSB International Accreditation in Business and Accounting (http://www.aacsb.edu/media/releases/2011/accreditation-university-of-melbourne.asp)
However I am not sure the online program will have AACSB accreditation.
Is there any location where I can go and check that degree from University of Melbourne is valid?
-Jignesh
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PD_Dec2002
08-07 08:22 PM
I'm not sure about H1 after using AP. Make sure with others.
Yup, I had checked this because even I thought entering on AP invalidates H-1B, but he said that's not the case. In fact, my company still renews H-1B for my colleagues who have used AP to reenter.
Has anyone heard otherwise from a lawyer?
Thanks,
Jayant
Yup, I had checked this because even I thought entering on AP invalidates H-1B, but he said that's not the case. In fact, my company still renews H-1B for my colleagues who have used AP to reenter.
Has anyone heard otherwise from a lawyer?
Thanks,
Jayant
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Alabaman
12-10 11:42 AM
So why do you care? Do you intend to stay past your 'visa' expiration day in the first place? Good to know though.
The question though is do they use the actual visa expiration date or your status expiration date? Considering the fact that you can have a visa valid for 2 years but still be in status longer than that period.
The question though is do they use the actual visa expiration date or your status expiration date? Considering the fact that you can have a visa valid for 2 years but still be in status longer than that period.
pappu
09-20 10:07 AM
we have 5,857 members today.
vroapp is our newest member. Please welcome all newest members by sending them a PM and asking them to help us spread the word of IV.
Lets make it 10 thousand soon.
We will celebrate that day on the forum :)
vroapp is our newest member. Please welcome all newest members by sending them a PM and asking them to help us spread the word of IV.
Lets make it 10 thousand soon.
We will celebrate that day on the forum :)
fundo14
04-18 05:01 PM
Isn't it a relief? if the officer calls you for interview, checks your documents and says approved but no GC till PD current? I can live happily with it for couple of years atleast without thinking of GC. The feeling of getting GC in future 100% is almost equal to having GC today. You can change jobs on AC21 without fear and use EAD and AP full force and forget about renewing H1b's
Exactly, I agree with you. I would love to get such an interview call. Atleast after that I will be sure that one day i will get the actual GC.:D
Exactly, I agree with you. I would love to get such an interview call. Atleast after that I will be sure that one day i will get the actual GC.:D